Legal Opinion

Rogers v. Minneapolis & St. Louis Railway Co.

Supreme Court of Minnesota

Decided July 20, 1906No. Nos. 14,830—(150)PublishedCited by 13 opinions

Action in the district court for Freeborn county by. plaintiff as administrator of the estate of Edward McGillan, deceased, to recover $5,000 for the death of decedent. The action was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtElliott, J.

This is an action by an administrator to recover damages for the death of Edward McGillan, a switchman in the defendant’s yards at Albert Eea. McGillan was killed February 13, 1904, while engaged in separating an engine from a mail car. The plaintiff claims that death was caused by the act of an employee of the defendant in negligently backing an engine upon the "deceased. There was a verdict for the plaintiff, and the defendant appealed from an order denying its motion for judgment notwithstanding the verdict, or for a new trial.

The only question presented by the record is whether the…

2Cited by13 opinions

  1. Mitton v. Cargill Elevator Co.Supreme Court of Minnesota · 1913
  2. Moores v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1909
  3. Healy v. HoySupreme Court of Minnesota · 1911
  4. McNamee v. HinesSupreme Court of Minnesota · 1921
  5. Bruckman v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1910

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