Blomquist v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Fillmore county, Whytock, J., denying a motion for a new trial on condition that plaintiff would consent to accept $4,000 as the verdict. Plaintiff consented to remit $1,000 of the verdict, and accept the sum named by the court. The facts are stated in the opinion.
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Appeal by defendant from an order of the district court for Fillmore county, Whytock, J., denying a motion for a new trial on condition that plaintiff would consent to accept $4,000 as the verdict. Plaintiff consented to remit $1,000 of the verdict, and accept the sum named by the court. The facts are stated in the opinion. Defendant’s assignments of error therein referred to were as follows: The court erred: “(2) In instructing the jury that Enger, the foreman of the gang in which plaintiff was employed, from, the undisputed evidence, represented the defendant, and that it would be…
1Opinion of the CourtCollins, J.
The plaintiff was injured by the falling of a derrick while in defendant’s employ, and brought this action to recover damages. The verdict was in his favor, and the appeal is from an order denying defendant’s motion for a new trial. The assignments of error go to rulings of the court in the admission of evidence, its refusal to direct a verdict for defendant, and its refusal to give certain instructions to the jury.
*428As said by appellant’s counsel in their brief, the controlling question in the case is whether the accident resulted from the negligence of plaintiff’s fellow servants. If it did,…
2Cases cited11 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
- Lindvall v. WoodsSupreme Court of Minnesota · 1889
- Brown v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1880
- Marsh v. HermanSupreme Court of Minnesota · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Moeller v. St. Paul City Railway Co.Supreme Court of Minnesota · 1944
- Penson v. Inland Empire Paper Co.Washington Supreme Court · 1913
- Merrill v. PikeSupreme Court of Minnesota · 1905
- Wilder v. Great Western Cereal Co.Supreme Court of Iowa · 1906
- Gittens v. William Porten Co.Supreme Court of Minnesota · 1903
12 more not listed; retrieve them via the Exa API.