Torkelson v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Action in the district court for Waseca county by tbe administratrix of tbe estate of Neis Torkelson, deceased, to recover $5,000 for tbe death of her intestate. Tbe negligence complained of was that defendant and its servants failed to give any warning or signal of tbe approach of the train and engine by ringing tbe bell or sounding tbe whistle, and tbe train was running at an excessive speed. Tbe answer alleged want of care on tbe part of decedent.
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Action in the district court for Waseca county by tbe administratrix of tbe estate of Neis Torkelson, deceased, to recover $5,000 for tbe death of her intestate. Tbe negligence complained of was that defendant and its servants failed to give any warning or signal of tbe approach of the train and engine by ringing tbe bell or sounding tbe whistle, and tbe train was running at an excessive speed. Tbe answer alleged want of care on tbe part of decedent. Tbe reply was a general denial. Tbe case was tried before Childress, L, and a jury which returned a verdict in favor of plaintiff for $5,000.…
1Opinion of the CourtHolt, J.
This action was brought to recover damages for tbe negligent killing of plaintiff’s intestate, Neis Torkelson, on October 17, 1910. Tbe trial resulted in a verdict for plaintiff. Thereupon the defendant made tbe blended motion for judgment notwithstanding tbe verdict or for a new trial. An order was made denying tbe motion in toto, and from this order tbe defendant appeals.
Tbe grounds now urged for reversal are these: (1) Tbe deceased, Neis Torkelson, was as a matter of law guilty of contributory negligence. (2) Tbe court gave erroneous instructions to tbe jury.
An outline of tbe situation may…
2Cases cited7 opinions
- Steinbauer v. StoneSupreme Court of Minnesota · 1902
- Erickson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Applebee v. PerrySupreme Court of Minnesota · 1902
- Floan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1907
- Kramer v. Northwestern Elevator Co.Supreme Court of Minnesota · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Eichhorn v. LundinSupreme Court of Minnesota · 1927
- Quinn v. HeidmanSupreme Court of Minnesota · 1923
- Wolle v. JorgensonSupreme Court of Minnesota · 1959
- Ashe v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1917
- Evans v. Drake & Stratton Co.Supreme Court of Minnesota · 1912