Legal Opinion

Millman v. Drake & Stratton Co.

Supreme Court of Minnesota

Decided July 26, 1912No. Nos. 17,709—(203)PublishedCited by 2 opinions

Action in the district court for St. Louis county against Drake & Stratton Company and Yern Lovdahl to recover $40,000 for personal injuries. The complaint alleged that defendant company was negligent in maintaining its tail track in the condition stated, and botli defendants were negligent in operating the train at an unsafe rate of speed, and in excess of the usual speed, at the point where the accident occurred.

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Action in the district court for St. Louis county against Drake & Stratton Company and Yern Lovdahl to recover $40,000 for personal injuries. The complaint alleged that defendant company was negligent in maintaining its tail track in the condition stated, and botli defendants were negligent in operating the train at an unsafe rate of speed, and in excess of the usual speed, at the point where the accident occurred. The case was tried before Hughes, J., and a jury which returned a verdict in favor of plaintiff for $14,940. From an order denying defendants’ alternative motion for judgment…

1Opinion of the CourtPhilip E. Brown, J.

Action to recover damages for personal injuries. The defendant the Drake & Stratton Company on May 19, 1910, and for a long time prior thereto, was engaged in removing earth from over a body of iron ore of the Dale-Uno mine, situated near Hibbing. Two steam shovels, each located on a separate track, were used to remove the overburden, and it was loaded into the usual dump cars, which were about fourteen feet in length. In the process of excavating a pit of considerable size and depth had been made, in the bottom of which the steam shovels were located and alongside of these were temporary…

2Cases cited2 opinions

  1. Selover v. BryantSupreme Court of Minnesota · 1893
  2. Senro v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1911

3Cited by2 opinions

  1. Schneider v. the Texas Co.Supreme Court of Minnesota · 1955
  2. Rydeen v. CollinsSupreme Court of Minnesota · 1946

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