Tuder v. Oregon Short Line Railroad
Supreme Court of Minnesota
Action in tlie district court for Ramsey county to recover $50,000 for personal injury received by plaintiff minor. The answer alleged that the injury resulted directly from plaintiff’s own carelessness and his failure to exercise ordinary care to avoid injury, and that, if he was riding in the manner alleged in the complaint, ;he assumed the'risk of injury to himself.
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Action in tlie district court for Ramsey county to recover $50,000 for personal injury received by plaintiff minor. The answer alleged that the injury resulted directly from plaintiff’s own carelessness and his failure to exercise ordinary care to avoid injury, and that, if he was riding in the manner alleged in the complaint, ;he assumed the'risk of injury to himself. The case was tried before Michael, J., who at the close of the testimony granted defendant’s motion for a directed verdict in its favor. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtBrown, C. J.
Action for personal injuries in which, at the close of the trial, the court directed a verdict for defendant and plaintiff appealed from an order denying a new trial.
The assignments of error present the single question whether the trial court erred in directing a verdict for defendant. We answer the question in the negative.
The facts as disclosed by the evidence, construed most favorably to plaintiff, are as follows: Plaintiff at the time of the injury complained of was in the neighborhood of 18 years of age, an Austrian, and not very familiar with the English language, though he could speak…
2Cases cited7 opinions
- Stone v. C. & N. W. R.Supreme Court of Iowa · 1877
- Brevig v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Virginia Midland R. R. v. RoachSupreme Court of Virginia · 1887
- De Kay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1889
- Wyman v. Northern Pacific RailroadSupreme Court of Minnesota · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hunter v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1930