Armstrong v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant, the Chicago, Milwaukee & St. Paul Railway Company, from an order of the District Court of Jackson County, P. E. Broiun, J., denying its motion for a new trial.
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Appeal by defendant, the Chicago, Milwaukee & St. Paul Railway Company, from an order of the District Court of Jackson County, P. E. Broiun, J., denying its motion for a new trial. The facts in this case are stated in the opinion,- and in the former decision, 45 Minn. 85. The second trial was on July 7, 1891. At the close of the plaintiff’s evidence the defendant moved the court to direct a verdict for it, on the ground that there was no proof of any violation of its duty as a common carrier of goods. The plaintiff thereupon stated that he founded his claim solely upon the improper housing…
1Opinion of the CourtDickinson, J.
A former appeal in this action is reported in 45 Minn. 85, (47 N. W. Rep. 459.) Upon a second trial a verdict was rendered for the plaintiff. The defendant appeals from an order refusing a new trial. The nature of the complaint, and the particular ground upon which recovery was sought, are stated in the opinion on the former appeal. The case, as now before us, involves some questions not before presented.
After the plaintiff had introduced his evidence in chief, he voluntarily elected to rest his right to recover on the alleged negligence of the defendant in respect to the care of the horse…
2Cases cited15 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
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3Cited by9 opinions
- Rustad v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Willard v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- Liquid Carbonic Co. v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1907
- Smith v. Farbenfabriken of Elberfeld Co.Court of Appeals for the Sixth Circuit · 1913
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