Eischen v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Wabasha county by plaintiff, a minor, by her guardian ad litem, to recover $2,000 damages for personal injuries. The case was tried before Snow, J., and a jury, which rendered a general verdict in favor of defendant. From an order granting a motion for a new trial, defendant appealed.
1Opinion of the CourtCollins, J.
This was a personal injury action, in which defendant had a verdict. It was set aside and a new trial granted, solely because the jury failed to answer three special questions submitted to them, to be answered in connection with their general verdict. These questions were: First. Was the defendant negligent? Second. If so, was its negligence the proximate cause of the injury? Third. Was the plaintiff’s ward guilty of contributory negligence? The jury were instructed that if they answered the first and second in the affirmative, and the third in the negative, they must find a verdict for the…
2Cases cited5 opinions
- Florence Machine Co. v. DaggettMassachusetts Supreme Judicial Court · 1883
- National Refining Co. v. MillerSouth Dakota Supreme Court · 1891
- Nichols, Shepard & Co. v. WadsworthSupreme Court of Minnesota · 1889
- Ermentraut v. Providence-Washington InsuranceSupreme Court of Minnesota · 1897
- Elliott v. Village of GracevilleSupreme Court of Minnesota · 1899
3Cited by4 opinions
- Bree v. JalbertNew Jersey Superior Court Appellate Division · 1965
- Brown v. Douglas Lumber Co.Supreme Court of Minnesota · 1910
- Julio Diniero v. United States Lines CompanyCourt of Appeals for the Second Circuit · 1961
- Kreatz v. McDonaldSupreme Court of Minnesota · 1913