Legal Opinion

Podgorski v. Kerwin

Supreme Court of Minnesota

Decided December 19, 1919No. 21,489PublishedCited by 25 opinions

Action in the district court for Ramsey county to recover $31,000 for personal injuries. The ease was tried before Haupt, J., who at the close of the testimony denied defendant’s motion that the jury be discharged and the court take up the case for adjudication under the provisions of the Workmen’s Compensation Act, and denied defendant’s subsequent motion for a directed verdict on the ground that plaintiff was not the real party in interest and under G. S. 1913, § 8229,…

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Action in the district court for Ramsey county to recover $31,000 for personal injuries. The ease was tried before Haupt, J., who at the close of the testimony denied defendant’s motion that the jury be discharged and the court take up the case for adjudication under the provisions of the Workmen’s Compensation Act, and denied defendant’s subsequent motion for a directed verdict on the ground that plaintiff was not the real party in interest and under G. S. 1913, § 8229, subdivisions 1 and 2, was not entitled to maintain the action, and a jury which returned a verdict for $7,000. From an…

1Opinion of the CourtBrown, C. J.

Action at law for personal injuries alleged to have been caused by the negligence of defendant. In addition to joining issue on the allegations of negligence and the nature and character of plaintiff’s injuries, defendant interposed by way of special defense a claim that the rights and lia*315bilities of the parties were controlled by the Workmen’s Compensation Act, and that if plaintiff was entitled to any relief for the injury complained of the measure thereof was the amount fixed by that act. This defense was, by the rulings of the trial court and the verdict of the jury, entirely eliminated…

2Cases cited6 opinions

  1. Gones v. FisherIllinois Supreme Court · 1919
  2. Book v. City of HendersonCourt of Appeals of Kentucky · 1917
  3. Carlson v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1919
  4. Hade v. SimmonsSupreme Court of Minnesota · 1916
  5. Winter v. Peter Doelger Brewing Co.Appellate Terms of the Supreme Court of New York · 1916

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Voehl v. Indemnity Insurance Co. of North AmericaSupreme Court of the United States · 1933
  2. Moeser v. ShunkSupreme Court of Kansas · 1924
  3. Kyle v. Greene High SchoolSupreme Court of Iowa · 1929
  4. Nesbitt v. Twin City Forge & Foundry Co.Supreme Court of Minnesota · 1920
  5. Behr v. SothSupreme Court of Minnesota · 1927

20 more not listed; retrieve them via the Exa API.

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