Legal Opinion

Duluth, Missabe & Northern Railway Co. v. McCarthy

Supreme Court of Minnesota

Decided May 22, 1931No. 28,415PublishedCited by 42 opinions

1Opinion of the CourtStone, J.

After verdict for plaintiff and an order denying a new trial, defendant appeals from the judgment.

July 14, 1928, while one Hampton was his guest and passenger, defendant, driving his automobile, met one of plaintiff’s freight trains on a crossing in the village of Hibbing. Details are unimportant, because for defendant it is frankly conceded that he was negligent. Negligence is admitted by plaintiff also. Its train was traveling at a speed of 12 miles an hour or more, whereas anything over ten miles was prohibited by an ordinance of the village.

Hampton, a mechanic, in good health and^with…

2Cases cited10 opinions

  1. Minneapolis Mill Co. v. WheelerSupreme Court of Minnesota · 1883
  2. Ankeny v. MoffettSupreme Court of Minnesota · 1887
  3. Merrill v. St. Paul City Railway Co.Supreme Court of Minnesota · 1927
  4. City of Wabasha v. SouthworthSupreme Court of Minnesota · 1893
  5. Schlecht v. SchlechtSupreme Court of Minnesota · 1926

5 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Hendrickson v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1960
  2. Hendrickson v. Minnesota Power & Light Co.Supreme Court of Minnesota · 1960
  3. George's Radio, Inc. v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1942
  4. Lincenberg v. IssenSupreme Court of Florida · 1975
  5. American Automobile Insurance v. MollingSupreme Court of Minnesota · 1953

37 more not listed; retrieve them via the Exa API.

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