Strutzel v. St. Paul City Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Kerr, J., presiding, refusing a new trial after verdict of $2,300 for plaintiff, in an action for negligence causing the death of plaintiff’s intestate, Homer Strutzel, a child of the age of 5 years and 10 months.
1Opinion of the CourtDiceinson, J.
This action is prosecuted by an administrator, un-. der the statute, to recover damages for injuries caused by the alleged negligence of the defendant, and resulting in the death of the intestate. The plaintiff recovered a verdict, and the defendant has appealed from an order refusing a new trial.
It is contended that the evidence did not show negligence on the part of the defendant, especially because the deceased unlawfully put himself in the place of danger, and it is urged that the plaintiff owed to him no duty of watchfulness to avoid the accident which followed. A brief statement of the…
2Cited by20 opinions
- Motsenbocker v. WyattTexas Supreme Court · 1963
- Russell v. Windsor Steamboat Co.Supreme Court of North Carolina · 1900
- Richmond, Fredericksburg & Potomac Railroad v. Martin's AdministratorSupreme Court of Virginia · 1903
- Perry v. Macon Consolidated Street RailroadSupreme Court of Georgia · 1897
- Fitzgerald v. International Flax Twine Co.Supreme Court of Minnesota · 1908
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