Lynch v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Stearns county to recover $30,971 damages, alleged to have been sustained while in defendant’s employ as a switchman. The facts are stated in the opinion. The case was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $4,000. Defendant’s motion for judgment notwithstanding the verdict was granted. From the judgment entered pursuant to the order, plaintiff appealed.
1Opinion of the CourtBrown, J.
Plaintiff, a switchman in the employ of defendant, was injured while engaged in the discharge of his duties, and brought this action to recover damages therefor. He had a verdict in the court below, which was subsequently set aside, and judgment ordered for defendant. Judgment was entered accordingly, and plaintiff appealed.
Negligence on the part of defendant was conceded on the trial, and the sole questions submitted to the jury were: (1) The alleged contributory negligence of plaintiff; and (2) the amount of damages. The jury found against the defense of contributory negligence, and gave…
2Cases cited4 opinions
- Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
- Bragg v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
- Cornell v. Great Northern Railway Co.Supreme Court of Minnesota · 1910
- Hartman v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1907
3Cited by3 opinions
- Atlantic Refining Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1921
- Squibb v. Elgin, Joliet & Eastern Railway Co.Indiana Court of Appeals · 1934
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. CoxIndiana Court of Appeals · 1937