Legal Opinion

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

Supreme Court of Minnesota

Decided June 30, 1916No. Nos. 19,826—(172)PublishedCited by 1 opinion

Action in the district court for Blue Earth county against defendant corporation and William Brossard to recover $30,000 for personal injuries.

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Action in the district court for Blue Earth county against defendant corporation and William Brossard to recover $30,000 for personal injuries. The answer alleged that by the shipping contract of defendant company it was agreed that in case of any injury to the owner or person in charge of stock shipped over its road defendant company should not be liable in any amount exceeding $500. The case was tried before Com-stock, J., who at the close of the trial dismissed the action against defendant Brossard, and a jury which returned a verdict for $5,500. From an order denying the motion of…

1Opinion of the CourtBunn, J.

Plaintiff received a verdict of $5,500 in this action to recover for personal injuries, and defendant appeals from an order denying a new trial.

The assignments of error challenge the sufficiency of the evidence to sustain the verdict on the issues of negligence, and contributory negligence, various rulings of the trial court on the admission of evidence, in the instructions given, and in the refusal to give requested instructions. The precise nature of the questions involved will be better understood after the facts are stated.

December 1, 1913, plaintiff, who lived at Kenyon, Minnesota,…

2Cases cited3 opinions

  1. Alair v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
  2. Murphy v. Wells-Fargo & Co. ExpressSupreme Court of Minnesota · 1906
  3. State v. StraitSupreme Court of Minnesota · 1906

3Cited by1 opinion

  1. Blackwell v. Alaska S. S. Co.District Court, W.D. Washington · 1923

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