Nelson v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county by the administratrix of the estate of William J. Nelson, deceased, to recover $5,000 for the death of her intestate. The answer admitted that on or about December 23, 1910, deceased was fatally injured by being struck by one of defendant’s trains whthe upon or near Fifty-seventh avenue west in the city of Duluth; and alleged that the injuries of deceased were caused by his own negligence.
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Action in the district court for St. Louis county by the administratrix of the estate of William J. Nelson, deceased, to recover $5,000 for the death of her intestate. The answer admitted that on or about December 23, 1910, deceased was fatally injured by being struck by one of defendant’s trains whthe upon or near Fifty-seventh avenue west in the city of Duluth; and alleged that the injuries of deceased were caused by his own negligence. The case was tried before Di-bell, J., and a jury which returned a verdict in favor of plaintiff for $5,000 and in favor of defendant John Grimes. From an…
1Opinion of the Court
Brown, T.
Action for damages for the alleged wrongful death of plaintiff’s intestate in which plaintiff had a verdict, and defendant appealed from an order denying its alternative motion for judgment or a new-trial.
The facts are as follows: Defendant operates a line of railroad at grade over and across Fifty-seventh avenue in the city of Duluth. Two main tracks and one side track extend over the avenue, at an-angle of about forty-five degrees. Trains from Duluth pass over the north main track, and those going into Duluth over the south track. The side track is about nine, feet from the south…
2Cases cited4 opinions
- Knudson v. Great Northern Railway Co.Supreme Court of Minnesota · 1911
- Simonson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1912
- Struck v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1894
- Bodin v. Duluth Street Railway Co.Supreme Court of Minnesota · 1912
3Cited by6 opinions
- Klare v. PetersonSupreme Court of Minnesota · 1924
- Peyla v. Duluth, Missabe Iron Range Railroad Co.Supreme Court of Minnesota · 1944
- McMahon v. FlynnSupreme Court of Minnesota · 1923
- Perkins v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1924
- Faber v. HerdliskaSupreme Court of Minnesota · 1935
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