Legal Opinion

Wise v. Chicago, Burlington & Quincy Railroad Co. Relief Department

Supreme Court of Minnesota

Decided July 7, 1916No. Nos. 19,763—(131)PublishedCited by 4 opinions

Action, in the district court for Ramsey county to recover $3,000 upon plaintiff’s benefit certificate in defendant’s relief department. The answer set up the defense mentioned in the opinion. Defendant also filed its supplemental answer alleging that plaintiff had begun an action against defendant in the district court of the same county. The case was tried before Hanft, J., who' granted plaintiff’s motion to direct a verdict in favor of plaintiff for the amount demanded.

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Action, in the district court for Ramsey county to recover $3,000 upon plaintiff’s benefit certificate in defendant’s relief department. The answer set up the defense mentioned in the opinion. Defendant also filed its supplemental answer alleging that plaintiff had begun an action against defendant in the district court of the same county. The case was tried before Hanft, J., who' granted plaintiff’s motion to direct a verdict in favor of plaintiff for the amount demanded. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the Court

Dibell, C.

Action to recover upon a certificate of membership in the relief department of the defendant. Verdict directed for the plaintiff. Defendant appeals from the order denying its alternative motion for judgment or a new trial.

The plaintiff was injured while in the employ of the defendant. His injury resulted in an amputation at the wrist. He was a member of the relief department. His membership gave him the right to receive a specified sum of money. This action was brought to recover it.

1. The action was brought against the Chicago, Burlington & Quincy Railroad Company, Relief…

2Cases cited5 opinions

  1. Philadelphia, Baltimore & Washington Railroad v. SchubertSupreme Court of the United States · 1912
  2. Anderson v. Foley Bros.Supreme Court of Minnesota · 1910
  3. Morrison County Lumber Co. v. DuclosSupreme Court of Minnesota · 1915
  4. Kenyon v. SemonSupreme Court of Minnesota · 1890
  5. Rodell v. Relief Department of Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1912

3Cited by4 opinions

  1. Gustafson v. JohnsonSupreme Court of Minnesota · 1952
  2. Johnson v. Soo Line RailroadSupreme Court of Minnesota · 1990
  3. Dressel v. BrillSupreme Court of Minnesota · 1926
  4. Roberson v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1922

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