De Kay v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial after verdict of $5,500 for plaintiff. The action.was for personal injuries,-and the place of the accident is thus shown in Exhibit A, mentioned in the. opinion:
1Opinion of the CourtMitchell, J.
This was an action for damages for personal injuries alleged to have been caused by the negligence of defendant. *180The defendant denies the alleged negligence on its part, and charges negligence on. part of plaintiff. The trial resulted in a verdict for the plaintiff, and the question is whether this was justified by the evidence.
Plaintiff, at Mitchell, Dakota, entered a mixed train of defendant going south, as a passenger for Sioux City, Iowa. The regular place for this train and a north-bound train (also mixed) to pass each other was at the intermediate station of Parkston, a small prairie…
2Cases cited2 opinions
- Terry v. . JewettNew York Court of Appeals · 1879
- Brassell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1881
3Cited by10 opinions
- Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
- Alabama G. S. Ry. Co. v. CogginsCourt of Appeals for the Sixth Circuit · 1898
- Tubbs v. Michigan Central RailroadMichigan Supreme Court · 1895
- Chicago, Rock Island & Pacific Railway Co. v. SattlerNebraska Supreme Court · 1902
- Chicago, St. P., M. & O. Ry. Co. v. MyersCourt of Appeals for the Eighth Circuit · 1897
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