Donnelly v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the district court for Bamsey county to recover $25,500 for personal injuries suffered by plaintiff. From an order, Kelly, J., denying a motion to enter judgment for defendant notwithstanding a verdict for $2,500 in favor of plaintiff, or for a new trial, defendant appealed.
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Action in the district court for Bamsey county to recover $25,500 for personal injuries suffered by plaintiff. From an order, Kelly, J., denying a motion to enter judgment for defendant notwithstanding a verdict for $2,500 in favor of plaintiff, or for a new trial, defendant appealed. The second assignment of error was that the court erred in overruling appellant’s objection and exception to the following hypothetical question: “Q. Now, supposing, Doctor, on the evening of the 18th of May Mr.s. Donnelly, who at that time was in good health, was in the street car that ran off the track with…
1Opinion of the CourtMitchell, J.
This action was brought to recover damages for personal injuries resulting from the derailment of a car on defendant’s Grand avenue line, on which plaintiff was a passenger. The accident is alleged to have been caused by the negligent failure of the defendant to maintain its road in proper condition, and by its running the car at an unsafe rate of speed over the rough and otherwise defective track. There was, in fact, no dispute as to the negligence of the defendant.
The main contention of defendant on the trial was that the plaintiff did not sustain any such serious injuries as she claimed,…
2Cases cited3 opinions
- Peterson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1888
- Briggs v. Minneapolis Street Ry. Co.Supreme Court of Minnesota · 1892
- Cooper v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1893
3Cited by16 opinions
- Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Swigerd v. City of OrtonvilleSupreme Court of Minnesota · 1956
- State v. CoxSupreme Court of Minnesota · 1927
- Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
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