Zenner v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Stearns county by the administrator of the estate of Stephen Zenner, deceased, to recover $7,500 for the death of his intestate. The case was tried before Eoeser, J., and a jury which returned a verdict in favor of plaintiff for $4,585. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
Stephen Zenner, riding in the front seat of an ¿utomobile driven by the owner, his son-in-law, Joseph Pohl, was killed by collision with one of defendant’s trains at a crossing in the city of St. Cloud. Plaintiff sued for damages and recovered a verdict. Defendant appeals.
*39Plaintiff claims negligence in operating the train at an excessive rate of speed, without ringing the bell, and that the crossing was such as to require either gates, a watchman or automatic crossing signals. Defendant denies negligence, alleges contributory negligence, and claims the damages allowed are excessive.
1. Three…
2Cases cited24 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Schaar v. ConforthSupreme Court of Minnesota · 1915
- Freeman v. Duluth, South Shore & Atlantic Railway Co.Michigan Supreme Court · 1889
- Howe v. Minneapolis, Saint Paul & Sault Sainte Marie Railway Co.Supreme Court of Minnesota · 1895
19 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Roth v. SwansonCourt of Appeals for the Eighth Circuit · 1944
- Crosby v. Great Northern Railway Co.Supreme Court of Minnesota · 1932
- Carpenter v. MattisonSupreme Court of Minnesota · 1974
- Prescott v. SwansonSupreme Court of Minnesota · 1936
17 more not listed; retrieve them via the Exa API.