Fay v. Davidson
Supreme Court of Minnesota
This action was commenced in the District Court for Dakota county against William F. Davidson and John Rumsey. The summons was not served on the defendant Eumsey and he did not appear in the action. The defendant Davidson answered, and the issue joined was tried before a jury who found a verdict for the plaintiff for $5000. The defendant Davidson appeals from the judgment entered on this verdict. The case is sufficiently stated in the opinion of the Court.
1Opinion of the CourtBerry, J.
By the Oowrt On the 4th day of November, 1866, the steamboats “Albany” and “John Eumsey” were navigating the Mississippi Diver, and when near St. Paul and near each other, the boiler of the “John Eumsey” exploded, by which personal injuries were occasioned to the plaintiff, who was a passenger upon the “Albany.” For these injuries this action is brought to recover damages.
When the cause was called for trial in the District Court the defendant, objecting to the trial, moved to strike it from the calendar on.4he ground that the action had by appeal been removed to and was pending in the Supreme…
2Cases cited4 opinions
- McMahon v. DavidsonSupreme Court of Minnesota · 1867
- Norton v. E. WiswallNew York Supreme Court · 1858
- McLean v. BurbankSupreme Court of Minnesota · 1866
- Blackwell v. WiswallNew York Supreme Court · 1865
3Cited by7 opinions
- Spaeth v. City of PlymouthSupreme Court of Minnesota · 1984
- Wilson v. Northern Pacific RailroadSupreme Court of Minnesota · 1879
- Connolly v. DavidsonSupreme Court of Minnesota · 1870
- Lumbermens Mut. Cas. Co. v. PA. NAT. MUT. INS.Court of Appeals of North Carolina · 1984
- Warner v. MyrickSupreme Court of Minnesota · 1870
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