Legal Opinion

Kommerstad v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided February 26, 1915No. Nos. 19,036—(248)PublishedCited by 4 opinions

After tbe former appeal reported in 120 Minn. 376, 139 N. W. 713, the case was tried'before Olsen, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $5,000. Defendant’s motion for judgment notwithstanding the verdict was denied, and its motion for a new trial was denied if plaintiff consented to a reduction of the verdict to $3,500. From the order denying these motions, defendant appealed.

1Per curiam

This is an action to recover damages for personal injuries alleged *506to have been caused by defendant’s negligence. Plaintiff had a verdict. Defendant appealed from an order denying its alternative motion.

The complaint was sustained as against a general demurrer upon a former appeal, the decision whereon is reported in 120 Minn. 376, 139 N. W. 713, and the facts which developed on the subsequent trial are as follows:

While plaintiff, a sectionman in defendant’s employ, was, pursuant to his duties, engaged in cutting grass on its right of way, some two rods from the track at a point about one…

2Cases cited2 opinions

  1. Kommerstad v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
  2. Seewald v. SchmidtSupreme Court of Minnesota · 1914

3Cited by4 opinions

  1. Gowan v. McAdooSupreme Court of Minnesota · 1919
  2. Engel v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1923
  3. Wildwood Mink Ranch v. United StatesDistrict Court, D. Minnesota · 1963
  4. Greisch v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1924

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