Alward v. Oakes
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., denying a motion for a new trial.
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Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., denying a motion for a new trial. The two letters referred to in the opinion, which were addressed to plaintiff and signed by the witness Rice were in the following terms: Exhibit C. “In reply to yours of the 18th will say, your husband, Mr. Alward, got on to my train at Detroit, Minn., and paid his fare to Staples, and when we arrived at Luce Station we met a train and also got orders there and while I was at the telegraph office getting orders the train following me came in to town never slacking speed…
1Opinion of the CourtMitchell, J.
This was an action under the statute2 to recover damages for the death of plaintiff’s intestate, caused by the negligence of the defendants. The two important allegations of the complaint were: First, that the decedent was a passenger on the railroad operated by the defendants; and, second, that while such passenger he was killed by a collision of trains, caused by the negligence of defendants’ servants. Both of these allegations were denied by the answer.
*192It appeared from the evidence that at the time of his death the deceased was riding on a freight train; also that the rule of the railway…
2Cases cited1 opinion
- McVeety v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1891
3Cited by15 opinions
- Goss v. GossSupreme Court of Minnesota · 1907
- Erickson v. Erickson CompanySupreme Court of Minnesota · 1942
- State v. ElijahSupreme Court of Minnesota · 1940
- State v. GardnerSupreme Court of Iowa · 1916
- State v. QuirkSupreme Court of Minnesota · 1907
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