Morrow v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county. At the trial before Otis, J., and a jury, plaintiff had a verdict for $8,025. From an order denying a motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed. Under G-. S. 1894, § 5380, a party has a right to have the jury instructed that they may, in their discretion, render a special verdict, and a refusal to do so is error. See Adams v. Pollock, 12 Oh.
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Action in the district court for Ramsey county. At the trial before Otis, J., and a jury, plaintiff had a verdict for $8,025. From an order denying a motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed. Under G-. S. 1894, § 5380, a party has a right to have the jury instructed that they may, in their discretion, render a special verdict, and a refusal to do so is error. See Adams v. Pollock, 12 Oh. St. 618; Pittsburgh v. Ruby, 38 Ind. 294; 28 Am. & Eng. Enc. 377 ; 2 Elliott, Gen. Pr. § 926; Lake v. Stupak, 123 Ind. 210; Louisville v. Case, 9 Bush (Ky.) 728;…
1Opinion of the CourtOanty, J.
This is the third appeal in this action. See 65 Minn. 382, 67 N. W. 1002, and 71 Minn. 326, 73 N. W. 973. After the case was remanded on the second appeal, another trial was had, the jury returned a verdict for plaintiff, and defendant appeals from an order denying a new trial.
1. Appellant contends that the evidence will not sustain a verdict for plaintiff. We cannot so hold. The twO' propositions on which plaintiff relied on the trial were (1) that the gripman, Colbeth, was incompetent; and (2) that defendant knew that fact, or in the exercise of reasonable care should have known it.
The…
2Cases cited2 opinions
- Morrow v. St. Paul City Railway Co.Supreme Court of Minnesota · 1896
- Morrow v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
3Cited by4 opinions
- Jacobson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1916
- Roske v. IlykanyicsSupreme Court of Minnesota · 1951
- Brown v. Douglas Lumber Co.Supreme Court of Minnesota · 1910
- Fonda v. St. Paul City Railway Co.Supreme Court of Minnesota · 1899