Gotschall v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
. Action in the district court for Ramsey county by the administratrix of the estate of Merlin E. Gotschall, deceased, to recover $5,000 for his death while in the employ of defendant as a freight brakeman. The case was tried before Stanton, J., who granted defendant’s motion for a directed verdict. From an order granting plaintiff’s motion for a new trial, defendant appealed.
1Per curiam
The evidence in this case made the question of defendant’s negligence one of fact for the jury, and the trial court erred in directing a verdict for defendant. The question whether the rule of res ipsa loquitur applies to the facts disclosed by the record is disposed of by the opinion in the case of Wiles v. Great Northern Ry. Co. supra, page 348, which is followed and applied.
This action was brought by the personal representative of decedent, and the construction of the Federal statute as given by St. Louis, S. F. & T. Ry. Co. v. Seale, 229 U. S. 162, 33 Sup. Ct. 651, 57 L. ed. 1129, is not…
2Cases cited1 opinion
- Degge v. HitchcockSupreme Court of the United States · 1913
3Cited by4 opinions
- CHICAGO, M., ST. P. & PRR CO. v. LinehanCourt of Appeals for the Eighth Circuit · 1933
- Kansas City Southern Railway Company v. JohnstonSupreme Court of Oklahoma · 1967
- McDonald v. Great Northern Railway Co.Supreme Court of Minnesota · 1926
- Gotschall v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1915