Legal Opinion

Maroney v. Minneapolis & St. Louis Railroad

Supreme Court of Minnesota

Decided November 28, 1913No. Nos. 18,513—(128)PublishedCited by 11 opinions

Action in the district court for Eamsey county to recover $10,000 for injury received while a passenger upon defendant’s train. The answer admitted that plaintiff was a passenger on one of defendant’s trains and that, at a point near the station known as J ordan, the car in which plaintiff was riding was derailed. The case was tried before Dickson, J., and a jury which returned a verdict of $1,900 in favor of plaintiff.

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Action in the district court for Eamsey county to recover $10,000 for injury received while a passenger upon defendant’s train. The answer admitted that plaintiff was a passenger on one of defendant’s trains and that, at a point near the station known as J ordan, the car in which plaintiff was riding was derailed. The case was tried before Dickson, J., and a jury which returned a verdict of $1,900 in favor of plaintiff. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

1Opinion of the CourtHallam, J.

1. Plaintiff was a passenger upon one of defendant’s trains at the time of a derailment. She claims to have suffered injury. Defendant claims she did not. The jury found for plaintiff, and assessed her damages at $1,900. Defendant contends that the verdict is not supported by the evidence, and, further, that the damages are excessive. The trial court considered these questions on a motion for judgment or for a new trial, and sustained the verdict.

This court should not reverse the action of the trial court and grant a new trial upon either of the grounds mentioned, unless the evidence is so…

2Cases cited13 opinions

  1. Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
  2. Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
  3. Blate v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  4. Ohlson v. ManderfeldSupreme Court of Minnesota · 1881
  5. Birmingham Railway Light & Power Co. v. AndersonSupreme Court of Alabama · 1909

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

3Cited by11 opinions

  1. Gibbs v. AlmstromSupreme Court of Minnesota · 1930
  2. Austin v. RoseckeSupreme Court of Minnesota · 1953
  3. Otos v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
  4. Updegraff v. City of OttumwaSupreme Court of Iowa · 1929
  5. Rechtzigel v. National Casualty Co.Supreme Court of Minnesota · 1919

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