Lawler v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Action by the administratrix of the estate of John W. Lawler, deceased, in the district court for Stearns county to recover $7,500 for the death of her intestate at a highway crossing over defendant’s railroad, and $500 for property destroyed. The case was tried before Koeser, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $7,900. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied.
Read the full summary
Action by the administratrix of the estate of John W. Lawler, deceased, in the district court for Stearns county to recover $7,500 for the death of her intestate at a highway crossing over defendant’s railroad, and $500 for property destroyed. The case was tried before Koeser, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $7,900. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the CourtBrown, C. J.
Plaintiff’s intestate, her husband, was hilled while crossing the tracks of defendant, as such tracks extend over a public street in the village of Watkins, this state, and this action was brought to recover for.such death, upon the ground that it was caused by the negligence of defendant. Plaintiff had a verdict, and defendant appealed from the judgment rendered thereon, having first moved in the alternative for judgment notwithstanding the verdict or a new trial, which motion was denied.
Decedent resided with his family some four miles from the village of Watkins; was a farmer by…
2Cases cited10 opinions
- Fonda v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Loucks v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1884
- Bolinger v. St. Paul & Duluth Railroad Co.Supreme Court of Minnesota · 1887
- Lammers v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Roth v. SwansonCourt of Appeals for the Eighth Circuit · 1944
- Licha v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1937
- Ohrmann v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1947
- Gowan v. McAdooSupreme Court of Minnesota · 1919
- Zenner v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
12 more not listed; retrieve them via the Exa API.