Legal Opinion

Martin v. Minneapolis & St. Louis Railroad

Supreme Court of Minnesota

Decided July 20, 1917No. Nos. 20,389—(188)PublishedCited by 4 opinions

Action in the district court for Sibley county to recover $10,052, for injuries to person and property caused by negligence in operating .defendant’s train. The answer alleged that plaintiff knew of the conditions at the crossing where the accident occurred and that he assumed the dangers and risks incident to the happening of the accident.

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Action in the district court for Sibley county to recover $10,052, for injuries to person and property caused by negligence in operating .defendant’s train. The answer alleged that plaintiff knew of the conditions at the crossing where the accident occurred and that he assumed the dangers and risks incident to the happening of the accident. The case was tried before Morrison, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and at the close of the testimony defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,400. Defendant’s…

1Opinion of the Court

Taylor, C.

This is a railroad crossing ease. After a verdict for plaintiff, defendant moved for judgment notwithstanding the verdict, but did not ask for a new trial. The motion was denied, judgment entered upon the verdict, and defendant appealed.

As defendant does not seek a new trial but rests its case upon the claim that it is entitled to judgment notwithstanding the verdict, the only question presented is .whether it appears from the record that plaintiff is not entitled to recover. Bennett v. Great Northern Ry. Co. 115 Minn. 128, 131 N. W. 1066, 37 L.R.A. (N.S.) 521; Velin v. Lauer…

2Cases cited4 opinions

  1. Prigge v. SelzSupreme Court of Minnesota · 1916
  2. Bennett v. Great Northern Railway Co.Supreme Court of Minnesota · 1911
  3. Shterk v. VeitchSupreme Court of Minnesota · 1917
  4. Velin v. Lauer Bros.Supreme Court of Minnesota · 1914

3Cited by4 opinions

  1. Mader v. StephensonWyoming Supreme Court · 1971
  2. Melander v. County of FreebornSupreme Court of Minnesota · 1927
  3. Dunn v. Great Northern Railway Co.Supreme Court of Minnesota · 1918
  4. Oletzky v. Great Northern Railway Co.Supreme Court of Minnesota · 1918

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