Walker v. St. Paul City Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, the St. Paul City Eailway Company, from an order of the District Court of Eamsey County, Cornish, J., made May 31, 1892, sustaining a demurrer to its answer. The plaintiff Catharine Walker complained that on July 13, 1889, she received personal injuries from the negligence of defendant’s servants while she was a passenger on the Selby Avenue Cable Line in St. Paul, operated by defendant.
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Appeal by defendant, the St. Paul City Eailway Company, from an order of the District Court of Eamsey County, Cornish, J., made May 31, 1892, sustaining a demurrer to its answer. The plaintiff Catharine Walker complained that on July 13, 1889, she received personal injuries from the negligence of defendant’s servants while she was a passenger on the Selby Avenue Cable Line in St. Paul, operated by defendant. Defendant answered that she had on December 23, 1889, brought a former action, in the same court, for the same cause of action, and afterwards, on March 23, 1890, had voluntarily…
1Opinion of the CourtCollins, J.
One of the defenses set forth in the answer herein was, in effect, that in the year 1890 plaintiff had brought an action in one of the district courts of this state for the same cause of action alleged in her complaint, and had dismissed the same on March 23, 1890; that later in the year 1890 she had brought another action in the United States circuit court, district of Minnesota, on the s.ame cause of action, and had dismissed the same on July 14, 1891, without the consent of the defendant, without any notice to it, and without any cause being shown for such dismissal. These matters were…
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