Legal Opinion

Mageau v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided November 29, 1907No. Nos. 15,356—(147)PublishedCited by 2 opinions

Action in the district court for Polk county by Fred H. Mageau, as administrator of the estate of Clara Mageau, deceased, to recover $5,000 for her death alleged to have been caused by defendant’s negligence. The case was tried before Watts, J., and a jury which returned a verdict in favor of plaintiff for $4,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtLewis, J.

Respondent brought this action to recover damages for the death of his wife, alleged to have resulted from injuries received in an accident upon appellant’s railway at the village of Barnesville at 4:20 a. m., September 12, 1906. A verdict was recovered in the court below, and appellant, upon this appeal, submits that the evidence is not sufficient to establish the fact that the injuries received by Mrs. Mageau in the railroad accident were the proximate cause of her death, which occurred February 11, 1907, from peritonitis, five days after childbirth.

Mr. Mageau testified that at the time of…

2Cited by2 opinions

  1. Mageau v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
  2. Krtinich v. Duluth, Missabe & Iron Range Railway Co.Supreme Court of Minnesota · 1939

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