Legal Opinion

Hermeling v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Supreme Court of Minnesota

Decided July 24, 1908No. Nos. 15,601-(177)Published

Action in the district court for Cottonwood count}'- by the admin-istratrix of the estate of Joseph Hermeling, deceased, to recover $5,-000 damages for the death of her husband alleged to have been caused by the negligence of defendant company’s engineer. The case was tried before P. E. Brown, J., who directed a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiff . appealed.

1Opinion of the CourtBrown, J.

The facts in this case are as follows: On the night of October 11, 1906, defendant ran a special excursion train from 'Currie, in Murray county, to Windom, in Cottonwood county, to enable people who desired to attend a political meeting at the last-named place. A special excursion train was also run from St. James to Windom. The lines of defendant’s road from Currie and St. James meet at Bingham Take, and all trains proceed from that point to Windom, on the same track. The Currie track parallels that of the main line at Bingham Lake as it extends through the station yards and past the depot;…

2Cases cited7 opinions

  1. Schneider v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1900
  2. Olson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1901
  3. Clark v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
  4. De Kay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1889
  5. Sandberg v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1900

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