Martin v. Courtney
Supreme Court of Minnesota
Action in the district court for Crow Wing county by plaintiff as administratrix of the estate of Joseph A. Martin, deceased, to recover $5,000 for the death of decedent, alleged to have been caused by the malpractice of defendant. A change of venue was granted to Sherburne county where the case was tried before (biddings, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtLovely, J.
After the last remand of this action (81 Minn. 112, 83 N. W. 503), a change of venue was granted from Crow Wing to Sherburne county, where the cause was again tried to a jury. At the close of the evidence the court directed a verdict for defendant. A “case” containing the evidence was duly settled, a motion for a new trial was made and denied. From this order plaintiff appeals.
The claim of Mrs. Martin, as administratrix, for the alleged negligence of defendant in the surgical treatment of her husband, has been twice before this court. The first review was upon the merits, when a new trial was…
2Cases cited5 opinions
- Getchell v. HillSupreme Court of Minnesota · 1875
- Martin v. Walter CourtneySupreme Court of Minnesota · 1899
- Minneapolis Sash & Door Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
- Swenson v. ErlandsonSupreme Court of Minnesota · 1902
- Martin v. Walter CourtneySupreme Court of Minnesota · 1900
3Cited by17 opinions
- Bollenbach v. BloomenthalIllinois Supreme Court · 1930
- Viita v. FlemingSupreme Court of Minnesota · 1916
- Sheldon v. WrightSupreme Court of Vermont · 1907
- Yates v. GambleSupreme Court of Minnesota · 1936
- Harju v. AllenSupreme Court of Minnesota · 1920
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