Green v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Marshall county by the administratrix of the estate of Charles M. Green, deceased, to recover $5,-000 for the death of her intestate and $500 for the destruction of the automobile in which he was riding.
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Action in the district court for Marshall county by the administratrix of the estate of Charles M. Green, deceased, to recover $5,-000 for the death of her intestate and $500 for the destruction of the automobile in which he was riding. The answer alleged that the collision between defendant’s train and the automobile which deceased was operating was not caused through any negligence on its part, its agents or servants, in the operation of the train, but by lack of ordinary care on the part of deceased; that deceased recklessly operated his automobile without keeping any lookout for trains as…
1Opinion of the CourtHolt, J.
Plaintiff’s intestate was killed in a collision between defendant’s train and an automobile he was driving. This action was brought to recover damages. Plaintiff prevailed, and this appeal is by defendant from an order denying its motion in the alternative for judgment or a new trial.
Appellant contends that it conclusively appears that the negligence of plaintiff’s intestate, Charles M. Green, caused or contributed to the collision. No other question is presented in this court.
The collision occurred in Argyle, a village in this state of some 800 inhabitants. Defendant’s railway runs north and…
2Cases cited8 opinions
- Knudson v. Great Northern Railway Co.Supreme Court of Minnesota · 1911
- Schneider v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1900
- Gilbert v. City of TracySupreme Court of Minnesota · 1911
- Lewis v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1910
- Clark v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Aubin v. Duluth Street Railway Co.Supreme Court of Minnesota · 1926
- Northern Pac. Ry. Co. v. Haugan (Three Cases)Court of Appeals for the Eighth Circuit · 1950
- E. F. Gillespie v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
- Muggenburg v. LeightonSupreme Court of Minnesota · 1954