Gotschall v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county by the administratrix of the estate of Merlin E. Gotschall, deceased, to recover $5,000 for the death of her intestate.
Read the full summary
Action in the district court for Ramsey county by the administratrix of the estate of Merlin E. Gotschall, deceased, to recover $5,000 for the death of her intestate. The case was tried before Brill, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,500. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was granted, unless plaintiff agreed to a reduction of the verdict to $1,800. From the judgment entered pursuant to the verdict as reduced, defendant appealed.
1Opinion of the CourtSchaller, J.
Plaintiff’s intestate was killed while in defendant’s. service as a *34brakeman on one of its extra freight trains. This train was running north from Albert Lea to Minneapolis. At a point on the defendant’s line near Jordan, Scott county, Minnesota, the train came apart. Deceased’s body was found several car lengths south of the north end of the rear portion of the separated train, lying partly inside and partly outside the rails.
Plaintiff, who is the duly appointed and qualified representative of deceased’s estate, brought this action. The case was tried to a jury which returned a verdict for…
2Cases cited2 opinions
- Lundeen v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Gotschall v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1914
3Cited by2 opinions
- CHICAGO, M., ST. P. & PRR CO. v. LinehanCourt of Appeals for the Eighth Circuit · 1933
- Kansas City Southern Railway Company v. JohnstonSupreme Court of Oklahoma · 1967