Gruhl v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Clay county to recover $31,000 for injuries received after alighting from the train of defendant railway. The separate answers specifically denied that plaintiff was a passenger on the train.
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Action in the district court for Clay county to recover $31,000 for injuries received after alighting from the train of defendant railway. The separate answers specifically denied that plaintiff was a passenger on the train. The case was tried before Nye, J., who at the close of the testimony granted motions to dismiss the action as to defendants Allen and Daly and denied a motion to direct a verdict in favor of defendant Conway and defendant railway company, and a jury which returned a verdict for $1,300 against defendant Conway and defendant company. Defendants’ motion for judgment…
1Opinion of the CourtHolt, J.
Plaintiff secured a judgment against defendant, a common carrier, awarding substantial damages for personal injuries caused by its alleged negligence in carrying plaintiff beyond the station where he was to leave the train on which he was riding. Defendant appeals. There was no motion for a new trial.
If the evidence justifies the conclusion that plaintiff, in riding upon defendant’s train, at the time in question, was a passenger and not a trespasser, the judgment is conceded to be unassailable on this appeal.
In the first part of February, 1916, plaintiff, a farmer, stock buyer, and shipper,…
2Cases cited15 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Southern Pacific Co. v. SchuylerSupreme Court of the United States · 1913
- McNeill v. Railroad Co.Supreme Court of North Carolina · 1904
- McVeety v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1891
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3Cited by1 opinion
- Fraser v. Great Northern Railway Co.Supreme Court of Minnesota · 1926