Shields v. Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $538 fqr injury received while a passenger upon defendant’s train. The answer alleged that the injuries were caused solely by the negligence of plaintiff.
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Action in the district court for Ramsey county to recover $538 fqr injury received while a passenger upon defendant’s train. The answer alleged that the injuries were caused solely by the negligence of plaintiff. The case was tried before Olin B. Lewis, J., who, when plaintiff rested, denied defendant’s motion to dismiss the action and at the close of the testimony defendant’s motion for a directed verdict in its favor, and a jury which returned a verdict for $375 in favor of plaintiff. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant…
1Opinion of the CourtHallam, J.
On July 7, 1912, plaintiff and a party of young people took passage on defendant’s train at Minneapolis, calculating to go to Antlers Park and return. On the return trip plaintiff was injured. He was riding in the baggage car and sitting with others in the doorway, with his feet hanging outside, when his feet came into contact with the platform of a station along the route. Plaintiff claims defendant’s negligence caused the injury. Defendant denies negligence on its part and claims plaintiff’s own negligence caused the injury. The jury found for plaintiff. The question is, does the evidence…
2Cases cited12 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Hannibal & St. Joseph Railroad v. MartinIllinois Supreme Court · 1884
- Louisville & Nashville Railroad v. KellyIndiana Supreme Court · 1883
- Watkins v. HackettSupreme Court of Minnesota · 1873
- Pool v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Commonwealth v. South Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1918
- Jepsen v. Gallatin Valley Ry. Co.Montana Supreme Court · 1921