Setterstrom v. Brainerd & Northern Minnesota Railway Co.
Supreme Court of Minnesota
Action in the district court for Crow Wing county to recover $10,000 for personal injuries. Tbe case was tried before McClenahan, J., and a jury, which rendered a verdict in favor of plaintiff for $1,600. From an order denying a motion for judgment notwithstanding the verdict, and denying a motion for a new trial upon condition that plaintiff consent to a reduction of the verdict to $1,000, defendant appealed.
1Opinion of the CourtLovely, J.
Plaintiff recovered a verdict for personal injuries caused by the collision of cars while a passenger train was being made up for use on defendant’s railway. There was a motion for judgment, or a new trial in the alternative. The motion was denied, condi*264tioned upon the acceptance of a reduction of the verdict, to which plaintiff consented. Defendant appeals.
It appears that plaintiff’s injuries were sustained while he was cleaning a ear in the course of his employment as a servant of defendant during the interval between the arrival and departure of its passenger train at Brainerd on March 23,…
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