Connelly v. Minneapolis Eastern Railway Co.
Supreme Court of Minnesota
The plaintiff, administrator of the estate of James Jordan, deceased, brought this action in the district court for Hennepin county, to recover $5,000 damages for the alleged negligence of the defendant resulting in the killing of the deceased. Upon the trial, before Young, J., and a jury, the court dismissed the action after plaintiff rested his case. Plaintiff appeals from an order refusing a new trial.
1Opinion of the CourtDickinson, J.
We are of the opinion that the court properly dismissed the action for the insufficiency of the plaintiff's case.
The plaintiff’s intestate was one of the section or track men of the defendant, and employed upon its tracks'used for transfer and switching purposes at Minneapolis. From the depot two tracks of the defendant (coming together at a switch at that point) extend upon a curve in a south-easterly direction to and beyond the place of the accident. One of these may be called the “main” track, and the other the “side” or “mill” track. A short time before the accident, a train of freight…
2Cases cited2 opinions
- Brown v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1880
- Fraker v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
3Cited by6 opinions
- Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
- Ell v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
- Jemming v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- Lundquist v. Duluth Street Railway Co.Supreme Court of Minnesota · 1896
- Donahue v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1908
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