Farrell v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in tbe district court for Mower county to recover $20,000 for personal injuries. The case was tried before Olin B. Lewis, J., presiding in place of Kingsle)^ J., and a jury, which rendered a verdict in favor of the plaintiff for $3,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
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Action in tbe district court for Mower county to recover $20,000 for personal injuries. The case was tried before Olin B. Lewis, J., presiding in place of Kingsle)^ J., and a jury, which rendered a verdict in favor of the plaintiff for $3,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. Plaintiff and respondent, a passenger on a freight train of defendant and appellant, for his own pleasure was riding in a stock car with his brother-in-law. At a station about twelve miles from the place of accident, at about six o’clock in…
1Opinion of the CourtJaggard, J.
(after stating the facts as above).
The only assignments of error which we regard as essential to here •consider are those addressed to the denial by the trial court of defendant’s motion for judgment notwithstanding the verdict, based on the •contention that the conceded facts showed plaintiff to have been guilty •of contributory negligence as a matter of law.
It is elementary, and in this state well settled, that the duties of carriers and passengers are reciprocal. If carriers are held to the highest degree of care for the safety- of passengers, passengers ought to be 'held to the exercise…
2Cases cited10 opinions
- Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
- Smith v. Georgia Pacific Railway Co.Supreme Court of Alabama · 1889
- Jones v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1889
- Butler v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1894
- East Tennessee, Virginia & Georgia Railway v. HolmeSupreme Court of Alabama · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Burnside v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1910
- Dahl v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1929
- Fox v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1913
- Franklin v. Southern Railway Co.Supreme Court of Alabama · 1916
- McMelon v. Illinois Cent. R.Supreme Court of Louisiana · 1910
1 more not listed; retrieve them via the Exa API.