Legal Opinion

Erickson v. St. Paul City Railway Co.

Supreme Court of Minnesota

Decided November 29, 1918No. Nos. 21,038, 21,046PublishedCited by 30 opinions

Two actions in the district court for Ramsey county to recover for personal injuries received when a motor truck upon which plaintiffs were riding collided with defendant’s street car. The answer alleged negligence on the part of plaintiff. The cases were tried separately before Brill, J., who denied defendant’s motions for directed verdicts, and a jury which returned a verdict of $300 in the Erickson case and a verdict of $2,500 in the O’Malley case.

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Two actions in the district court for Ramsey county to recover for personal injuries received when a motor truck upon which plaintiffs were riding collided with defendant’s street car. The answer alleged negligence on the part of plaintiff. The cases were tried separately before Brill, J., who denied defendant’s motions for directed verdicts, and a jury which returned a verdict of $300 in the Erickson case and a verdict of $2,500 in the O’Malley case. From orders denying its motions for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the Court

Taylor, C.

Both these actions arose out of the same accident and rest upon the *167same state of facts and present the same questions. They were tried separately in the district court, but were argued and submitted together in this court. In both cases the plaintiff recovered a verdict and the defendant appealed from an order denying its motion for judgment notwithstanding the verdict or for a new trial. Our observations apply equally to both cases.

The questions presented are: (1) Whether the facts bring the eases_ within the Workmen’s Compensation Law; and (2) whether the evidence is sufficient…

2Cases cited1 opinion

  1. Otto v. Duluth Street Railway Co.Supreme Court of Minnesota · 1917

3Cited by30 opinions

  1. Nesbitt v. Twin City Forge & Foundry Co.Supreme Court of Minnesota · 1920
  2. American Mutual Liability Insurance v. CurrySupreme Court of Georgia · 1938
  3. Jett v. TurnerSupreme Court of Alabama · 1926
  4. Blair v. GreeneSupreme Court of Alabama · 1945
  5. Industrial Commission v. HeilOhio Supreme Court · 1931

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