Legal Opinion

Willett v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided December 15, 1922No. 23,082PublishedCited by 12 opinions

Action in the district court for Wright county to recover $5,040 for injuries received at a highway crossing. The case was tried before Giddings, J., who denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $1,500. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the Court

Lees, C.

While crossing defendant’s railway tracks in the city of St. Cloud, at about 3 o’clock in the morning of August 30, 1920, plaintiff was injured in a collision between an automobile he was driving and a flat car at the end of a string of cars which was being backed over the crossing. He brought this action for damages and recovered a verdict of $1,500. Defendant made the usual alternative motion for judgment or a new trial, and has appealed from a denial thereof.

The complaint alleged that defendant negligently failed to give signals, warning plaintiff of the approach of the train. The…

2Cases cited5 opinions

  1. Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
  2. Lloyd v. SimonsSupreme Court of Minnesota · 1903
  3. Rosted v. Great Northern Railway Co.Supreme Court of Minnesota · 1899
  4. Anderson v. St. Croix Lumber Co.Supreme Court of Minnesota · 1891
  5. William Bergenthal Co. v. Security State BankSupreme Court of Minnesota · 1906

3Cited by12 opinions

  1. Roth v. SwansonCourt of Appeals for the Eighth Circuit · 1944
  2. Ohrmann v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1947
  3. Young v. WlazikSupreme Court of Minnesota · 1977
  4. Franklin v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1930
  5. Fink v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1925

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