Legal Opinion

King v. Chicago, Milwaukee & St. Paul Railway Co.

Supreme Court of Minnesota

Decided June 12, 1908No. Nos. 15,536—(73)PublishedCited by 2 opinions

Action in the district court for Dakota county to recover $50,000 for personal injuries. The case was tried before Crosby, J., and a jury which returned a verdict in favor of plaintiff for $30,000. From an order denying defendant’s motion for an order setting aside and vacating the special finding and the general verdict of the jury and for a new trial in case plaintiff would accept $18,000 in full payment of his damages in the action, defendant appealed.

1Opinion of the CourtLewis, J.

Respondent recovered a verdict which must stand unless it conclusively appears from the evidence that appellant was not negligent in its duty to furnish safe implements with which to carry on its work. Appellant was engaged in constructing a bridge over the Missouri river in South Dakota, and the work in progress at the time of the accident was transferring timber from a barge in the river to a certain caisson, by means of a derrick and engine which were located on a barge. The derrick was of a standard type, composed of two perpendicular uprights or leaders, thirty five or forty feet long,…

2Cited by2 opinions

  1. Engler v. La Crosse Dredging Co.Supreme Court of Minnesota · 1908
  2. Schultz v. City of St. PaulSupreme Court of Minnesota · 1913

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