Nelson v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Action in the district court for Waseca county to recover $10,560-' for personal injury caused by the negligence of defendant. The answer set up that the injury was caused solely by the negligence of plaintiff, and such negligence was the sole and proximate cause of' the injury.
Read the full summary
Action in the district court for Waseca county to recover $10,560-' for personal injury caused by the negligence of defendant. The answer set up that the injury was caused solely by the negligence of plaintiff, and such negligence was the sole and proximate cause of' the injury. The case was tried before Childress, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the; close of the testimony denied, defendant’s motion to direct a verdict in its favor, and a jury which returned a verdict of $975 in favor of plaintiff. Defendant’s motion for judgment…
1Opinion of the Court
Dibell, C.
The plaintiff and the team he was driving were injured by a collision with one of the defendant’s trains at a railway crossing. This action is to recover damages for the injury. The defendant appeals from an order denying its motion for judgment notwithstanding the verdict.
1. There was the usual conflict in the testimony relative to the speed of the train and in respect of the warnings given. The question whether the defendant Was negligent in either or both of these respects was for the jury.
2. The claim upon which the defendant relies is that the plaintiff was guilty of…
2Cases cited3 opinions
- Newstrom v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1895
- King v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1899
- Simonson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1912
3Cited by1 opinion
- E. F. Gillespie v. Great Northern Railway Co.Supreme Court of Minnesota · 1914