Legal Opinion

Mattson v. Minnesota & North Wisconsin Railroad

Supreme Court of Minnesota

Decided July 21, 1905No. Nos. 14,416—(166)PublishedCited by 81 opinions

Action in the district court for Carlton county under section 5164, G. S. 1894, to recover $30,000 for personal injuries sustained by plaintiff’s minor son. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $7,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtBrown, J.

This action was brought under the provisions of § 5164, G. S. 1894, to recover for injuries to plaintiff’s minor son, caused, as alleged in the complaint, by the negligence of defendant. Plaintiff had a verdict in the court below, and defendant appealed from an order denying its alternative motion for judgment notwithstanding the verdict or for a new trial.

It appears without dispute that plaintiff’s two sons — Hjalmar, for whose benefit this action is prosecuted, and a younger brother — both under the age of nine years, obtained from some source a stick of dynamite, which they exploded,…

2Cases cited18 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
  3. Powers v. HarlowMichigan Supreme Court · 1884
  4. Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
  5. Steinbauer v. StoneSupreme Court of Minnesota · 1902

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

3Cited by81 opinions

  1. Galveston, Harrisburg & San Antonio Railway Co. v. CurrieTexas Supreme Court · 1906
  2. Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
  3. Martin Ex Rel. Hoff v. City of RochesterSupreme Court of Minnesota · 2002
  4. Clark v. E. I. du Pont de Nemours Powder Co.Supreme Court of Kansas · 1915
  5. Perry v. . Rochester Lime Co.New York Court of Appeals · 1916

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

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