Howell v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Pine county by the administrator of the estate of Henry J. Howell, deceased, to recover $3,200 for the death of the intestate, a child of seven years.
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Action in the district court for Pine county by the administrator of the estate of Henry J. Howell, deceased, to recover $3,200 for the death of the intestate, a child of seven years. The answer alleged that the intestate while a trespasser on defendant’s railway track received injuries by being struck with one of defendant’s locomotives then and there prudently, cautiously and lawfully operated, which -injuries were solely and proximately caused by the recklessness and inattention to his own safety of the intestate and through the negligence of his father and of his parents, and denied that…
1Opinion of the CourtBunn, J.
This action was brought to recover damages sustained by reason of the death of Henry J. Howell, alleged to have been caused by the wrongful act of defendant. The case was submitted to the jury and a verdict of $1,000 for plaintiff returned. Defendant moved for judgment notwithstanding the verdict, but not for a new trial. The motion was denied, and judgment was entered on the verdict. From this judgment defendant appeals.
The assignments of error present but one ultimate question for our decision, and that is whether the evidence made a case for the jury. The facts are as follows:
Defendant’s…
2Cases cited5 opinions
- Strutzel v. St. Paul City Railway Co.Supreme Court of Minnesota · 1891
- Gray v. St. Path, City Railway Co.Supreme Court of Minnesota · 1902
- Hohl v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
- Palmer v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1888
- Pickell v. St. Paul City Railway Co.Supreme Court of Minnesota · 1913
3Cited by4 opinions
- Newton v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1932
- Kruchowski v. St. Paul City Railway Co.Supreme Court of Minnesota · 1934
- Draves v. Minneapolis & St. Paul Suburban RailroadSupreme Court of Minnesota · 1919
- St. Clair v. Duluth Street RailwaySupreme Court of Minnesota · 1923