Mitton v. Cargill Elevator Co.
Supreme Court of Minnesota
Action in tbe district court for Hennepin county by tbe administratrix of tbe estate of Lome Mitton, deceased, to recover $7,500 for tbe death of ber intestate.
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Action in tbe district court for Hennepin county by tbe administratrix of tbe estate of Lome Mitton, deceased, to recover $7,500 for tbe death of ber intestate. Tbe case was tried before Waite, J., and a jury wbicb answered in tbe affirmative tbe questions (1) whether decedent fell from tbe steps upon the engine, (2) whether tbe negligence of defendant was a cause of bis so falling into tbe engine, and (3) whether tbe fall was due in part to decedent’s own fault, and returned a verdict for $5,000. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the CourtBunn, J.
On the first trial of this case there was a dismissal on the motion of defendant. An order denying a new trial was reversed by this court. Mitton v. Cargill Elev. Co. 124 Minn. 65, 144 N. W. 434. The case was again tried and the issues submitted to a jury, with a $5,000 verdict for plaintiff as the result. Defendant appeals from an order denying its motion for a new trial.
The facts are quite fully stated in the opinion on the former appeal and most of the questions now argued were disposed of by that decision. It is unnecessary to review' again the evidence tending to show how' the death of…
2Cases cited4 opinions
- Mitton v. Cargill Elevator Co.Supreme Court of Minnesota · 1913
- O'Connor v. Chicago, Milwaukee & St. Paul RailwaySupreme Court of Minnesota · 1880
- Hyvonen v. Hector Iron Co.Supreme Court of Minnesota · 1908
- Aho v. Adriatic Mining Co.Supreme Court of Minnesota · 1912
3Cited by9 opinions
- Paine v. Gamble Stores, Inc.Supreme Court of Minnesota · 1938
- Lindgren v. VogeSupreme Court of Minnesota · 1961
- Standafer v. First National BankSupreme Court of Minnesota · 1955
- Arnold v. Northern States Power Co.Supreme Court of Minnesota · 1941
- Jacobs v. Village of BuhlSupreme Court of Minnesota · 1937
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