Legal Opinion

Jeanette v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

Supreme Court of Minnesota

Decided August 6, 1915No. Nos. 19,350—(233)PublishedCited by 2 opinions

Action in the district court for St. Louis county by the administrator of the estate of Pasquale Jeanette, deceased, to recover $3,000 for the death of his intestate. The case was tried before Ensign, J., who, when plaintiff rested, denied defendant’s motion to dismiss the action and a jury which returned a verdict in favor of plaintiff. Defendant’s motion for judgment notwithstanding the verdict was denied.

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Action in the district court for St. Louis county by the administrator of the estate of Pasquale Jeanette, deceased, to recover $3,000 for the death of his intestate. The case was tried before Ensign, J., who, when plaintiff rested, denied defendant’s motion to dismiss the action and a jury which returned a verdict in favor of plaintiff. Defendant’s motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, defendant appealed.

1Opinion of the CourtSchaller, J.

Plaintiff is the administrator of the estate of Pasquale Jeanette. The decedent, a child of the age of nine years, lost his life in an accident which happened on the twenty-third day of September, 1913. Plaintiff brought an action against the defendant, alleging negligence. The answer denied the negligence and alleged contributory negligence on the part of the parents and on the part of decedent. The case was tried to a jury which returned a verdict for plaintiff. Defendant moved for judgment notwithstanding the verdict. The motion was denied and judgment was entered, from which judgment…

2Cases cited5 opinions

  1. Heiting v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1911
  2. Ellington v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
  3. Fezler v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1902
  4. Paquin v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1906
  5. Mehalek v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908

3Cited by2 opinions

  1. Hocking v. Duluth, Missabe & Iron Range Railway Co.Supreme Court of Minnesota · 1962
  2. Strand v. Great Northern Railway Co.Supreme Court of Minnesota · 1951

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