Mageau v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Polk county to recover $5,150 damages for personal injuries. The complaint in this action alleged that plaintiff’s wife, while a passenger on the defendant’s train, was seriously injured by its negligence; that thereby he was compelled to expend large sums of money for drugs, medicines, and medical attendance, and was deprived of the services of his wife and of her society. The answer put defendant’s negligence and the damages in issue.
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Action in the district court for Polk county to recover $5,150 damages for personal injuries. The complaint in this action alleged that plaintiff’s wife, while a passenger on the defendant’s train, was seriously injured by its negligence; that thereby he was compelled to expend large sums of money for drugs, medicines, and medical attendance, and was deprived of the services of his wife and of her society. The answer put defendant’s negligence and the damages in issue. In a supplemental complaint plaintiff set forth that because of the said injuries his wife had died, and that he suffered…
1Opinion of the CourtJaggard, J.
(after stating tbe facts as above).
I. The trial court refused to instruct a verdict or enter a judgment because plaintiff, as administrator of the estate of his deceased' wife, just prior to the trial of this case, had recovered a verdict for $4,000 for wrongfully causing the death of his wife. This fact, although not pleaded, was admitted at the time of the trial. The case was tried on the theory that it constituted an issue in the case. It is elementary that, where damages to the wife resulting from defendant’s actionable fault have in no part been caused by the wife’s own wrong, two…
2Cases cited20 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Michigan, Central Railroad v. ColemanMichigan Supreme Court · 1874
- Ford v. MonroeNew York Supreme Court · 1838
- Ohio & Mississippi Railroad v. TindallIndiana Supreme Court · 1859
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hoekstra v. HelgelandSouth Dakota Supreme Court · 1959
- Sprouse v. MagesIdaho Supreme Court · 1928
- Fowlie v. First Minneapolis Trust Co.Supreme Court of Minnesota · 1931
- Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- Chamberlain v. Mo.-Ark. Coach Lines, Inc.Supreme Court of Missouri · 1945
12 more not listed; retrieve them via the Exa API.