Martin v. Walter Courtney
Supreme Court of Minnesota
Action in the district court for Crow Wing county by plaintiff, as administratrix of the estate of Joseph A. Martin, deceased, to recover $5,000 damages on account of the death of decedent. The case was tried before Holland, J., and a jury, which rendered a verdict in favor of plaintiff for $2,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtLewis, J.
For the third time this cause comes to this court for review. In some respects, its history is remarkable, and it is after mature deliberation that we now attempt a consideration of the striking events attending the last trial in the court below. The first time the case was here, it became the duty of the court to point out that the wrong party had been made defendant. Martin v. Northern Pac. B. Assn., 68 Minn. 521, 71 N. W. 701. Upon the second appeal the proper rule was defined in respect to expert witnesses, and the inherent weakness of plaintiff’s case, as presented by the evidence, was…
2Cases cited3 opinions
- Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
- Martin v. Walter CourtneySupreme Court of Minnesota · 1899
- Martin v. Northern Pacific Beneficial Ass'nSupreme Court of Minnesota · 1897
3Cited by4 opinions
- Martin v. CourtneySupreme Court of Minnesota · 1902
- Fisher v. WeinholzerSupreme Court of Minnesota · 1903
- Bjoraker v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- State v. NelsonSupreme Court of Minnesota · 1903