Chicago and North Western Railway Company, and Railway Transfer Company of the City of Minneapolis v. Minnesota Transfer Railway Company

This is an appeal from a judgment allowing contribution under Minnesota law. The case below was tried to the court, who called an advisory jury, and then the trial judge made findings of fact consistent with the jury’s special findings. Error is suggested by reason of the instructions given to the advisory jury. The trial court was at liberty to accept or reject the advisory verdict. The jury was called simply to assist the trial judge to make factual findings, which are set forth in his opinion. We need only consider the lower court’s findings on this appeal. Frostie Company v. Dr. Pepper…