Legal Opinion

Johnson v. Truesdale

Supreme Court of Minnesota

Decided June 15, 1891PublishedCited by 8 opinions

Action brought in the district court for Hennepin county against defendant as receiver of the Minneapolis & St. Louis Ry. Co., and operating its railway, to recover $ 10,000 for personal injuries. The plaintiff appeals from an order refusing a new trial after a trial before Hicks, J., and v.erdict directed for defendant.

1Opinion of the CourtDickinson, J.

The court directed a verdict for the defendant upon-the evidence presented at the trial. We are to decide whether the evidence was such that the jury would have been justified in returning a verdict for the plaintiff. The plaintiff was a trespasser on the railroad, -walking south between the rails of the main track, in the city of Minneapolis, when he was overtaken and struck by a locomotive with a train of cars going in the same direction on the same track. From the time he went on the track, at the distance of a block or a. block and a half north of the place of the accident, he did not…

2Cases cited4 opinions

  1. Erickson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
  2. Donaldson v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
  3. Village of Mankato v. WillardSupreme Court of Minnesota · 1868
  4. Smith v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1880

3Cited by8 opinions

  1. Lando v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1900
  2. Campbell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Kansas · 1895
  3. Sheehan v. St. Paul & D. Ry. Co.Court of Appeals for the Seventh Circuit · 1896
  4. Asklund v. Chicago Great Western RailroadSupreme Court of Minnesota · 1929
  5. Studley v. St. Paul & Duluth R. Co.Supreme Court of Minnesota · 1892

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