Kludzinski v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county by the administratrix of the estate of Anton Kludzinski, deceased, to recover $10,000 for the death of her intestate, while in the employ of defendant.
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Action in the district court for St. Louis county by the administratrix of the estate of Anton Kludzinski, deceased, to recover $10,000 for the death of her intestate, while in the employ of defendant. The case was tried before Cant, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,000; Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $1,200. From the judgment entered pursuant to the verdict as…
1Opinion of the CourtHallam, J.
1. On January 14, 1913, Frank Kludzinski was killed while in the employ of the defendant in its Superior yard. No one saw the accident. It was conceded, however, that he was run over by a switch engine of defendant which was engaged in switching cars about the yard. Deceased was ordered, a short time before his death, to clean the snow from a switch known as switch number 11. When last seen alive he was still working at this switch. This was about five or ten minutes before his body was discovered. It is not clear from the testimony whether he had finished this work or not. One of plaintiff’s…
2Cases cited4 opinions
- Erickson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Schulz v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1894
- Lewis v. Chicago Great Western RailroadSupreme Court of Minnesota · 1914
- Britton v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
3Cited by13 opinions
- Hagsten v. SimbergSupreme Court of Minnesota · 1950
- Chicago and North Western Railway Company, and Railway Transfer Company of the City of Minneapolis v. Minnesota Transfer Railway CompanyCourt of Appeals for the Eighth Circuit · 1967
- Smock v. Mankato Elks ClubSupreme Court of Minnesota · 1938
- McNamee v. HinesSupreme Court of Minnesota · 1921
- MacIntosh v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
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