Marshall v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Waseca county to recover $3,000 for personal injury received while in the employ of defendant. After the appeal reported in 127 Minn. 244, 149 N. W. 296, the case was tried before Childress, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the Court
BüNN, J.
A former appeal in this case from an order denying defendant’s alternative motion for judgment or a new trial, resulted in a reversal of the order refusing a new trial. The decision was placed upon the ground that there was no evidence tending to prove the existence of a custom to give warning of the danger, which was the sole ground of negligence submitted to the jury as a basis for recovery. We said, however, that it did not conclusively appear that plaintiff had no cause of action, and that the circumstances did not require that judgment be directed notwithstanding the verdict.…
2Cases cited13 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Stenvog v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1909
- Heydman v. Red Wing Brick Co.Supreme Court of Minnesota · 1910
- Broderick v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Fraker v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Conover v. Northern States Power Co.Supreme Court of Minnesota · 1981
- Daniel F. Otten v. The Stonewall Insurance CompanyCourt of Appeals for the Eighth Circuit · 1976
- Deere v. Southern Pac. Co.Court of Appeals for the Ninth Circuit · 1941
- Reynolds v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1948
- Cayse v. Foley Brothers, Inc.Supreme Court of Minnesota · 1961
9 more not listed; retrieve them via the Exa API.