Brown v. Duluth, South Shore & Atlantic Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county, to recover $35,250 for the death of plaintiff’s intestate while in defendants’ employ. The answer alleged that the dangers of decedent’s work were lmown and appreciated by him and he voluntarily assumed the risk therefrom.
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Action in the district court for St. Louis county, to recover $35,250 for the death of plaintiff’s intestate while in defendants’ employ. The answer alleged that the dangers of decedent’s work were lmown and appreciated by him and he voluntarily assumed the risk therefrom. The case was tried before Cant, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and at the close of the testimony denied defendants’ motion for a directed verdict, and a jury which returned a verdict in favor of defendants. From an order denying her motion for a new trial, plaintiff appealed.
1Opinion of the CourtHolt, J.
The action is to recover damages for the death of plaintiff’s intestate by the alleged wrongful act of defendants. A verdict was returned in favor of defendants and plaintiff appeals from the order denying a new trial. Walter D. Hines, Director General of Railroads, is one of the defendants, but no reference will hereinafter be made to him, and the railroad company will be considered as the sole defendant.
John A. Brown, plaintiff’s intestate, was a locomotive engineer on an interstate passenger train of defendant, when on February 7, 1919, at about 7:35 a. m. he received injuries resulting in…
2Cases cited5 opinions
- State v. WilliamSupreme Court of Minnesota · 1905
- Hurlburt v. LeachmanSupreme Court of Minnesota · 1914
- State v. BriggsSupreme Court of Minnesota · 1913
- State v. SnowSupreme Court of Minnesota · 1915
- Thoreson v. QuinnSupreme Court of Minnesota · 1914
3Cited by8 opinions
- Olberg v. Minneapolis Gas CompanySupreme Court of Minnesota · 1971
- State v. Hayden Miller Co.Supreme Court of Minnesota · 1962
- State v. McReadySupreme Court of Minnesota · 1923
- Newton v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1932
- Brecht v. Town of BergenSupreme Court of Minnesota · 1931
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