Kemp v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Morrison county to recover $2,000 for personal injuries. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff for $625. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtLewis, J.
Respondent is a farmer, residing about three miles southeast of the city of Little Falls, and on November 16, 1901, he started for the city with a load of hay weighing about a ton. He had occasion to cross appellant’s railway tracks upon a highway, and while so doing the west-bound limited train struck the rear end of his wagon, upsetting the load, breaking the hayrack and wagon, releasing the horses, and to some extent injuring respondent. The charge of negligence against the railway company consists of three propositions: (1) That the train was run at a high and unusual rate of speed; (2)…
2Cited by4 opinions
- Carlson v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1905
- Jensen v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1923
- Wardner v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- First National Bank of Turtle Lake v. Bovey, Shute & Jackson, Inc.North Dakota Supreme Court · 1922