Fezler v. Willmar & Sioux Falls Railway Co.
Supreme Court of Minnesota
Separate actions in the district court for Lyon county, by plaintiff, as father of Leo Fezler, a minor, to recover $35,000 for personal injuries; and by plaintiff, in his own behalf, to recover $3,500 for the loss of services of his minor son by reason of such injuries.
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Separate actions in the district court for Lyon county, by plaintiff, as father of Leo Fezler, a minor, to recover $35,000 for personal injuries; and by plaintiff, in his own behalf, to recover $3,500 for the loss of services of his minor son by reason of such injuries. By consent the cases were tried together before Webber, J., and a jury, which rendered separate verdicts in favor of plaintiff, in the first case for $3,000 and in the second case for $500. From an order denying a motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtLewis, J.
These actions were brought by the father of Leo Fezler; one for the purpose of recovering damages on account of the loss of the boy’s services, and the other for the son’s injuries sustained by the alleged negligence of defendant in failing to fence its right of way. The cases come to this court upon appeal from an order denying defendant’s motion for judgment in its favor notwithstanding the verdicts.
There is no dispute about the facts. The boy was about ten years and four months of age, residing with his parents at the village of Russell on defendant’s railroad line. In the afternoon of…
2Cases cited2 opinions
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Rosse v. St. Paul & Duluth Railway Co.Supreme Court of Minnesota · 1897
3Cited by14 opinions
- Heiting v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1911
- Ellington v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- Hocking v. Duluth, Missabe & Iron Range Railway Co.Supreme Court of Minnesota · 1962
- Schwind v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Middaugh v. Waseca Canning Co.Supreme Court of Minnesota · 1938
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