Spallen v. Pullman Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $5,000 for personal, injuries. The case was tried before Dickson, J., who at the close of the testimony granted defendant’s motion for a directed verdict on the grounds that plaintiff had failed to establish a cause of action; that she had failed to show that defendant was in any respect negligent and that the suit case she claimed to have fallen over had been in the aisle of the car a sufficient length of time to…
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Action in the district court for Ramsey county to recover $5,000 for personal, injuries. The case was tried before Dickson, J., who at the close of the testimony granted defendant’s motion for a directed verdict on the grounds that plaintiff had failed to establish a cause of action; that she had failed to show that defendant was in any respect negligent and that the suit case she claimed to have fallen over had been in the aisle of the car a sufficient length of time to charge defendant with negligence. From an order denying her motion for a new trial, plaintiff appealed.
1Opinion of the Court
Lees, C.
On November 20, 1920, plaintiff was a passenger on a train from New York to Chicago. She had a berth in a sleeping car operated *153by the defendant, and at about 3 o’clock in the morning, while going from her berth to the women’s toilet room, she fell over a traveling bag in the aisle of the car and was injured. Charging the defendant with negligence in failing to keep the aisle free from obstructions and the car properly lighted, she brought this action to recover damages. When all the evidence was in, defendant asked for an instructed verdict in its favor ¿nd its request was granted.…
2Cases cited8 opinions
- Beiser v. Cin., N. O. & T. P. Ry. Co.Court of Appeals of Kentucky · 1913
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
- Stimson v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1890
- Alabama Gt. S. R. R. v. JohnsonAlabama Court of Appeals · 1916
- Kantner v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1912
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3Cited by1 opinion
- Costello v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1928