Eckert v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $50,000 for personal injury received at a highway crossing in the city of Chicago in a collision between an automobile in which plaintiff was riding and one of defendant’s trains driven at excessive speed. The answer set up the contributory negligence of plaintiff. The case was tried before Hanft, J., and a jury which returned a verdict for the amount demanded.
Read the full summary
Action in the district court for Ramsey county to recover $50,000 for personal injury received at a highway crossing in the city of Chicago in a collision between an automobile in which plaintiff was riding and one of defendant’s trains driven at excessive speed. The answer set up the contributory negligence of plaintiff. The case was tried before Hanft, J., and a jury which returned a verdict for the amount demanded. From an order denying defendant’s motion for a new trial in ease plaintiff consented to a reduction of the verdict to $35,000, defendant appealed.
1Opinion of the Court
Dibell, C.
Action for personal injuries. Verdict for the plaintiff. Defendant appeals from the order denying its motion for a new trial. The only question is whether the damages awarded are excessive.
The plaintiff was injured in a collision at a street crossing between an auto in which he was riding and a train of the defendant. His right arm is paralyzed and atrophied. The surgeons testifying for the plaintiff and those testifying for the defendant agree that it is useless. It is a possible source of future danger. An amputation at or near the shoulder seems advisable. The plaintiff sustained…
2Cases cited11 opinions
- Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- Burho v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913
- Hall v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1891
- Otos v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Whitehead v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Faris v. Burroughs Adding Machine Co.Idaho Supreme Court · 1929
- Warfield Natural Gas Co. v. WrightCourt of Appeals of Kentucky (pre-1976) · 1932