Pierce v. Brennan
Supreme Court of Minnesota
Action in the district court for Ramsey county by plaintiff, as administrator of the estate of John J. Sharp, deceased, to recover #5,000 damages for the death of decedent. The case was tried before O. B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff against defendants, Archibald Guthrie and others, for #2,500. From an order granting a motion for a new trial, plaintiff appealed.
1Opinion of the CourtLewis, J.
The plaintiff, as administrator of the estate of John J. Sharp, deceased, recovered a verdict against defendants upon the ground that decedent came to his death by reason of an injury caused by defendants’ negligence in running a construction train over a partially obstructed track. Application was made for a new trial in the court below, upon the ground of misconduct on the part of *423two jurors, and plaintiff appeals to this court from an order granting a new trial upon that ground.
The affidavit of the juror Russell E. Van Kirk, in substance, sets forth that upon the trial one Hugh Graham, a…
2Cases cited5 opinions
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
- Rush v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
- Woodbury v. City of AnokaSupreme Court of Minnesota · 1893
- Koehler v. ClearySupreme Court of Minnesota · 1877
- Twaddle v. MendenhallSupreme Court of Minnesota · 1900
3Cited by10 opinions
- Evans v. KlusmeyerSupreme Court of Missouri · 1923
- Schneider v. MoeOregon Supreme Court · 1935
- Hurlburt v. LeachmanSupreme Court of Minnesota · 1914
- Thoreson v. QuinnSupreme Court of Minnesota · 1914
- Eckel v. BreezeOregon Supreme Court · 1960
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