Donaldson v. Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the court of common pleas for Ramsey county, Hall, J. presiding, refusing a new trial. Even if plaintiff was a trespasser, he would not, for that reason, be precluded from his action.
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Appeal by plaintiff from an order of the court of common pleas for Ramsey county, Hall, J. presiding, refusing a new trial. Even if plaintiff was a trespasser, he would not, for that reason, be precluded from his action. Schmidt v. M. & St. P. R. Co., 23 Wis. 186 ; Birge v. Gardiner, 19 Conn. 507 ; Stout v. S. C. & P. R. Co., 2 Dillon, 294, affirmed on appeal, Railroad Co. v. Stout, 17 Wall. 657 ; Chicago & Alton R. Co. v. Gregory, 58 Ill. 226 ; Whirley v. Whitman, 1 Head, 610. A trespasser is not precluded from recovery, if defendant is guilty of gross negligence. Jacobus v. M. & St. P. R.…
1Opinion of the CourtBerry, J.
At the close of the plaintiff’s case upon the trial below, the court, on defendant’s motion, dismissed this-action, upon the ground that the plaintiff had failed to' establish his right to recover. As in determining the propriety of the dismissal, we are to assume the truth of whatever the testimony legitimately conduces to prove, (Ernst v. H. R. R. Co., 35 N. Y. 9, 25,) the following statement is made, upon that basis, as embodying the substantial and material facts to be considered. The plaintiff brings this action to recover for injuries resulting from his being struck and run over by a…
2Cases cited11 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Pyle v. ClarkCourt of Appeals for the Eighth Circuit · 1897
15 more not listed; retrieve them via the Exa API.