Pogue v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in tbe district court for Beltrami county to recover $10,000 for personal injury received in driving plaintiff’s automobile across defendant’s track, and $1,000 for injury to the machine.
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Action in tbe district court for Beltrami county to recover $10,000 for personal injury received in driving plaintiff’s automobile across defendant’s track, and $1,000 for injury to the machine. The answer specifically denied that defendant was guilty of negligence of any kind and alleged that, if plaintiff suffered any personal injury or his automobile was damaged by reason of any collision with defendant’s train, it was due to lack of ordinary care on the part of plaintiff and not to any carelessness of defendant. The case was tried before Wright, J., who denied defendant’s motion to…
1Opinion of the CourtHallam, J.
Plaintiff, driving an automobile in the little village of Wilton, came into collision at a street crossing with a freight train of defendant. This action was brought to recover damages. Plaintiff had a verdict. Defendant asks for judgment notwithstanding the verdict or for a new trial.
Defendant is not entitled to judgment notwithstanding the verdict.
1. There was evidence, proper to be submitted to the jury, tending to prove the negligence of defendant. The collision occurred close to 6 p. m., on the twenty-eighth of October. The headlight of the engine was not lighted.. There is also evidence…
2Cases cited11 opinions
- Hendrickson v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892
- Loucks v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1884
- Carlson v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1905
- Marty v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1888
- Woehrle v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Savings & Commercial Bank v. AndersonCalifornia Supreme Court · 1913
- Anderson v. Great Northern Railway Co.Supreme Court of Minnesota · 1920
- Morenci Southern Railway Co. v. MonsourArizona Supreme Court · 1919
- Otto v. Duluth Street Railway Co.Supreme Court of Minnesota · 1917
- Northern Pac. Ry. Co. v. Haugan (Three Cases)Court of Appeals for the Eighth Circuit · 1950
4 more not listed; retrieve them via the Exa API.