Eldridge v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Action brought in the district court for Waseca county, to “recover damages for personal injuries received by.plaintiff while a passenger in a car of defendant which was derailed. At the trial before Buck-ham, J., and a jury, the defendant had a verdict.
Read the full summary
Action brought in the district court for Waseca county, to “recover damages for personal injuries received by.plaintiff while a passenger in a car of defendant which was derailed. At the trial before Buck-ham, J., and a jury, the defendant had a verdict. Plaintiff moved for a new trial upon the following grounds, viz.: (1) Newly-discov- . ered evidence, (2) that the verdict is not justified by the evidence, and (3) error in law occurring at the trial, and appeals from an order denying his motion. cited Wilson v. N. P. R. Co., 26 Minn. 278; Curtis v. Rochester & S. R. Co., 18 N. Y. 534;…
1Opinion of the Court
Vanderburgh, J.1
It must be admitted that the burden of proof rested upon the defendant in this ease to show that the accident by which plaintiff was injured, on the train upon which he was a passenger, was not caused by any want of care or foresight on defendant’s part. Such exonerating evidence would naturally embrace, as defendant insists it did in this case, the circumstances of the accident, the management of the train, and also the condition of the cars, road-bed, and track, at the particular place.
Whether or not, in this case, there was sufficient evidence to support the finding of the…
2Cases cited2 opinions
- Brehm v. Great Western Railway Co.New York Supreme Court · 1861
- Peterson v. FaustSupreme Court of Minnesota · 1882
3Cited by7 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Norfolk-Southern Railway Co. v. TomlinsonSupreme Court of Virginia · 1914
- State v. BarrettSupreme Court of Minnesota · 1889
- Cirkel v. CroswellSupreme Court of Minnesota · 1887
- Bunt v. Sierra Buttes Gold Min. Co.United States Circuit Court · 1885
2 more not listed; retrieve them via the Exa API.