Truax v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Action in the district court for Wright county to recover $25,000 for personal injuries. The case was tried before Giddings, J., and a jury, which rendered a verdict in favor of plaintiff for $15,255. From an order denying a motion for judgment notwithstanding the verdict and denying a motion for a new trial provided plaintiff should consent to a reduction of the verdict to $10,000, defendant appealed.
1Opinion of the CourtLewis, J.
Respondent was a mail agent on an east-bound train which arrived at the village of Kimball at nine o’clock in the evening of July 21, 1901. The train was backed in on the side track for the purpose of enabling a west-bound train to pass. Respondent left his car, and, carrying a bag of mail weighing in the neighborhood of thirty pounds, crossed over the main track ahead of the incoming west-bound train, stepped upon the platform, and walked rapidly westward, with the intention of delivering the mail bag to the station agent, whose duty it was to throw it into the mail car of the passing train.…
2Cited by3 opinions
- Scherer v. SchlabergNorth Dakota Supreme Court · 1909
- Lehman v. Dwyer Plumbing & Heating Co.Supreme Court of Minnesota · 1908
- Krtinich v. Duluth, Missabe & Iron Range Railway Co.Supreme Court of Minnesota · 1939