Gates v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Martin county against defendant railway company and George Smith to recover $10,000 for personal injury received while a passenger upon defendant’s train. The case was tried before Quinn, J., and a jury which returned a verdict in favor of defendants. From an order denying plaintiff’s motion for a new trial, he appealed.
1Opinion of the CourtHallam, J.
Plaintiff was a passenger on one of defendant’s passenger trains. His claim is that, as the train approached the depot platform at Fairmont, Minnesota, it came to a stop, and, while he was alighting, it was started suddenly and without warning, and plaintiff was thrown upon the depot platform and injured. He brought this action to recover damages. Plaintiff’s testimony on the trial tended to sustain his claim. One other witness corroborated him. Witnesses on behalf of the defendant contradicted this claim. The jury found for defendant. Plaintiff then moved for a new trial, on the ground that…
2Cases cited1 opinion
- Lampsen v. BranderSupreme Court of Minnesota · 1881
3Cited by1 opinion
- Miszewski v. BaxterSupreme Court of Minnesota · 1918