Legal Opinion

Gagnier v. Bendixen

Court of Appeals for the Eighth Circuit

Decided March 17, 1971No. 20474PublishedCited by 6 opinions

1Opinion of the Court

GIBSON, Circuit Judge.

This is a diversity action arising out of a truck-train collision near Clarks Grove, Minnesota, which resulted in the death of the truck driver. The decedent’s wife, as trustee of the deceased’s heirs, brought a wrongful death action in the District Court of Minnesota against the railroad for negligence. The issues in the case are governed by the Minnesota Comparative Negligence Act, M.S.A. § 604.01 (1969),1 and the jury *59rendered a verdict finding the railroad 60 percent negligent and the deceased 40 percent negligent. Judgment was entered in accordance with the…

2Cases cited13 opinions

  1. Olson v. HartwigSupreme Court of Minnesota · 1970
  2. Schroht v. VollSupreme Court of Minnesota · 1955
  3. Peters v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1939
  4. Lee v. MolterSupreme Court of Minnesota · 1949
  5. Forde v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1954

8 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Sullivan v. Chicago & Northwestern Transportation Co.Supreme Court of Iowa · 1982
  2. Winge v. Minnesota Transfer Railway CompanySupreme Court of Minnesota · 1972
  3. Tiedeman v. Chicago, Milwaukee, St. Paul And Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1975
  4. Ismay Mittlieder, Special Administratrix of the Estate of Elmer R. Ochsner, Deceased v. Chicago and Northwestern Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1971
  5. Tiedeman v. Chicago, Milwaukee, St. Paul & Pacific RailroadCourt of Appeals for the Eighth Circuit · 1975

1 more not listed; retrieve them via the Exa API.

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