Nygard v. Minneapolis Street Railway Co.
Supreme Court of Minnesota
Action, in the district court for Hennepin county to recover $2,500 for personal injuries. The case was tried before Steele, J., who when plaintiff rested and at the close of the testimony denied defendant’s motion for a directed verdict, ánd a jury which returned a verdict' for $2,450. Defendant’s motion for judgment notwithstanding the verdict was denied. From' the judgment entered pursuant to the verdict, defendant appealed.
1Opinion of the CourtHolt, J.
Defendant’s motion for judgment notwithstanding the verdict being denied, it appeals from the judgment.
Plaintiff sued to recover damages for injuries received in an accident while carried as a passenger in defendant’s street car. On the trial liability was conceded. The defense was a release. To this defense plaintiff replied that the release was executed under a mutual mistake in respect to the injuries received. The only question presented by the appeal is whether, as a proposition of law, there is my evidence warranting the jury in finding such to be the fact.
As plaintiff was standing in…
2Cases cited13 opinions
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Houston & Texas Central Railroad v. McCartyTexas Supreme Court · 1901
- Great Northern Ry. Co. v. FowlerCourt of Appeals for the Ninth Circuit · 1905
- Lumley v. Wabash R.Court of Appeals for the Sixth Circuit · 1896
- McIsaac v. McMurraySupreme Court of New Hampshire · 1915
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3Cited by26 opinions
- Couillard v. Charles T. Miller Hospital, Inc.Supreme Court of Minnesota · 1958
- Aronovitch v. LevySupreme Court of Minnesota · 1953
- Denton v. UtleyMichigan Supreme Court · 1957
- Serr v. Biwabik Concrete Aggregate Co.Supreme Court of Minnesota · 1938
- Dansby v. BuckArizona Supreme Court · 1962
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