Mellon v. Great Northern Railway Co.
Supreme Court of Minnesota
Action by the administrator of the estate of Edwin A. Brock, deceased, in the district court for Wright county to recover $5,000 for the death of his intestate. The substance of the allegations of the complaint will be found in the opinion. The answer specifically denied that plaintiff had sustained damages in any sum whatever by reason of defendant’s negligence.
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Action by the administrator of the estate of Edwin A. Brock, deceased, in the district court for Wright county to recover $5,000 for the death of his intestate. The substance of the allegations of the complaint will be found in the opinion. The answer specifically denied that plaintiff had sustained damages in any sum whatever by reason of defendant’s negligence. The case was tried before Giddings, J., who, when plaintiff rested and again at the conclusion of the testimony, denied defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $500.…
1Opinion of the CourtHolt, J.
The plaintiff’s intestate, Edwin A. Brock, while walking on the railway track of the defendant at a point some fifty or sixty rods easterly from its depot at the village of Smith Lake, Wright county, in this state, at 1: 55 p. m., on Sunday, March 6, 1910, was struck by a mail train of the defendant coming from the east. Brock died from the injuries so received, and this action is brought by plaintiff, as administrator of Brock’s estate, to recover damages for the next of kin. The trial resulted in a verdict in plaintiff’s favor. Thereafter the defendant moved for judgment in its favor…
2Cases cited3 opinions
- McMurtry v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1890
- Hill v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1910
- Holland v. Oregon Short Line RailroadUtah Supreme Court · 1903
3Cited by9 opinions
- McIver v. AllenArizona Supreme Court · 1927
- Erickson v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
- Willmar Gas Co. Inc. v. DuininckSupreme Court of Minnesota · 1953
- J. Maury Dove Co. v. CookCourt of Appeals for the D.C. Circuit · 1929
- Barrett v. Van DuzeeSupreme Court of Minnesota · 1918
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