Carnegie v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Marshall county by the administrator of the estate of Clem William Carnegie, deceased, to recover $1,500 for the death of his intestate. The case was tried before Grindeland, J., and a jury which returned a verdict in favor of plaintiff for $2,500. From. an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the CourtHallam, J.
Clem Carnegie, a boy It years old, was instantly killed by collision with one of defendant’s engines. He was at the time riding in an automobile driven by one Arthur Eost, a boy about the same age. It is conceded that there is sufficient proof that defendant was negligent in the operation of its engine. The only claim made on this appeal is that deceased was guilty of contributory negligence.
The accident-happened at a prominent crossing in the village of Stephen, a place of about 100 inhabitants. Eost testified that, as he approached the track, and before he reached a little building called…
2Cases cited9 opinions
- Pyle v. ClarkCourt of Appeals for the Eighth Circuit · 1897
- Howe v. Minneapolis, Saint Paul & Sault Sainte Marie Railway Co.Supreme Court of Minnesota · 1895
- Wosika v. St. Paul City Railway Co.Supreme Court of Minnesota · 1900
- Lammers v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
- Pyle v. ClarkU.S. Circuit Court for the District of Utah · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Black v. MartinMontana Supreme Court · 1930
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Dart v. Pure Oil Co.Supreme Court of Minnesota · 1947
- Howe v. CoreyWisconsin Supreme Court · 1920
- Moehlenbrock v. Parke, Davis & Co.Supreme Court of Minnesota · 1918
16 more not listed; retrieve them via the Exa API.