Legal Opinion

O'Malley v. St. Paul, Minneapolis & Manitoba Railway Co.

Supreme Court of Minnesota

Decided May 16, 1890PublishedCited by 38 opinions

Appeal by defendant from an order of the district court for Stevens county, G. L. Brown, J., presiding, refusing a new trial after a verdict of $3,000 for plaintiff, in an action for the negligent killing of her intestate, a child of six years. '

1Opinion of the CourtGilfillan, C. J.

This is an action by an administratrix to recover for an injury causing the death of'the intestate, through the negligence of the defendant. Upon the trial there was no substantial conflict in the evidence as to the material facts in the ease. The uncontradicted evidence may be said to establish the following facts: The railroad of defendant runs through the village of Morris, in this state. Upon one of the blocks of that village are located several of defendant’s tracks, running through the block, its cattle-yard, elevator, coal-sheds, a shop for repairs, a turn-table, and, shortly before…

2Cases cited5 opinions

  1. Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
  2. Fitzgerald v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1882
  3. Kolsti v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
  4. Doyle v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
  5. In re the Probate of the Last Will & Testament of PennimanSupreme Court of Minnesota · 1873

3Cited by38 opinions

  1. Barrett v. Southern Pacific Co.California Supreme Court · 1891
  2. Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
  3. Ryan v. TowarMichigan Supreme Court · 1901
  4. Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
  5. Stendal v. BoydSupreme Court of Minnesota · 1898

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