Legal Opinion

Denoyer v. Railway Transfer Co.

Supreme Court of Minnesota

Decided May 2, 1913No. Nos. 17,809—(53)PublishedCited by 5 opinions

Action in the district court for Hennepin eounty to recover $10,000 for personal injury. The case was tried before Hale, L, wbo, at the close of plaintiff’s case, denied defendant’s motion to dismiss and, at the close of the testimony, denied defendant’s motion for a directed verdict. The jury returned a verdict for $1,500 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict, it appealed.

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Action in the district court for Hennepin eounty to recover $10,000 for personal injury. The case was tried before Hale, L, wbo, at the close of plaintiff’s case, denied defendant’s motion to dismiss and, at the close of the testimony, denied defendant’s motion for a directed verdict. The jury returned a verdict for $1,500 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict, it appealed. It was stipulated that the-appeal should be treated as an appeal from the judgment subsequently entered pursuant to the verdict.

1Opinion of the CourtPhilip E. Brown, J.

Appeal by the defendant from a judgment, entered after verdict: and the denial of its motion for judgment notwithstanding, in an. action to recover damages for personal injuries claimed to have been, occasioned by its negligence. The material allegations of the complaint necessary to a consideration of the questions involved in the-issues submitted to the jury are:

That the defendant was a common carrier' by railroad, its business, consisting largely of switching and making up freight cars into trains; that the plaintiff, while in its employ as a switchman and in the performance of his duties,…

2Cases cited2 opinions

  1. Allen v. Tuscarora Valley RailroadSupreme Court of Pennsylvania · 1910
  2. Rowlands v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912

3Cited by5 opinions

  1. Wiles v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
  2. McDonald v. Railway Transfer Co.Supreme Court of Minnesota · 1913
  3. Sorenson v. School District No. 28Supreme Court of Minnesota · 1913
  4. Kessler v. KruidenierSupreme Court of Minnesota · 1928
  5. Ahrens v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1913

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