Peterson v. Chicago Great Western Railway Co.
Supreme Court of Minnesota
Action in the district court for Freeborn county to recover $15,-000 for personal injuries. The answer set out a written release and discharge by plaintiff of any and all claims or demands of any and every kind against defendant which he had executed in consideration of $250 and the payment of his hotel and doctors’ bills. The case was tried before Kingsley, J., and a jury, which rendered a verdict for $3,000 for plaintiff.
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Action in the district court for Freeborn county to recover $15,-000 for personal injuries. The answer set out a written release and discharge by plaintiff of any and all claims or demands of any and every kind against defendant which he had executed in consideration of $250 and the payment of his hotel and doctors’ bills. The case was tried before Kingsley, J., and a jury, which rendered a verdict for $3,000 for plaintiff. From an order denying a motion for judgment notwithstanding the verdict or- for a new trial, defendant appealed.
1Opinion of the CourtElliott, J.
This case comes to this court on an appeal from an order denying the defendant’s motion for a judgment notwithstanding the verdict or for a new trial. The motion for judgment was properly denied, but we are satisfied that the verdict was manifestly so against the great preponderance of the evidence that it was an abuse of discretion not to grant a new trial and submit the case to another jury.
The action was brought to recover damages for personal injuries claimed to have been suffered while the respondent was a passenger on one of the appellant’s trains. The circumstances of the accident need…
2Cases cited3 opinions
- Martin v. Walter CourtneySupreme Court of Minnesota · 1899
- Messenger v. St. Paul City Railway Co.Supreme Court of Minnesota · 1899
- Voge v. PenneySupreme Court of Minnesota · 1898
3Cited by9 opinions
- Mix v. DowningSupreme Court of Minnesota · 1929
- Benson v. Northland Transportation Co.Supreme Court of Minnesota · 1937
- National Pole & Treating Co. v. GilkeySupreme Court of Minnesota · 1930
- McNaney v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1916
- Kling v. Thompson-McDonald Lumber Co.Supreme Court of Minnesota · 1914
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