Sikorski v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $8,300 for personal injury. The answer, among other matters, alleged that whatever injuries were sustained by plaintiff were by reason of his negligent and foolhardy conduct in attempting to pass between the cars of the train, with the engine attached, which was then being operated by defendant railway company.
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Action in the district court for St. Louis county to recover $8,300 for personal injury. The answer, among other matters, alleged that whatever injuries were sustained by plaintiff were by reason of his negligent and foolhardy conduct in attempting to pass between the cars of the train, with the engine attached, which was then being operated by defendant railway company. The case was tried before Dancer, J., who denied defendant’s motion to direct a verdict in its favor, and a jury which returned a verdict for $3,368. From an order granting defendant’s motion for judgment in its favor…
1Opinion of the CourtBunn, J.
This action was to recover for personal injuries.
There was a verdict for plaintiff, but, upon defendant’s motion in the alternative for judgment or a new trial, the trial court ordered *111judgment for defendant notwithstanding the verdict. Plaintiff appealed from this order.
The accident in which plaintiff received his injuries occurred in. the city of Superior, Wisconsin, at the intersection of West Sixth street and defendant’s tracks, which cross the street at substantially right angles. The street is a much used public thoroughfare, and hundreds use the crossing daily. Plaintiff lived south of…
2Cases cited3 opinions
- Wherry v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1896
- Helback v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1914
- Amann v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1914
3Cited by5 opinions
- Eldon's Super Fresh Stores, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Supreme Court of Minnesota · 1973
- Papich v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1918
- Westcott v. Chicago Great Western RailroadSupreme Court of Minnesota · 1923
- Olin v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1925
- Carlson v. Duluth Street Railway Co.Supreme Court of Minnesota · 1930