Demeray v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Pipestone county to recover $10,230 for personal injury. The facts are stated in the opinion. The answer alleged that, if plaintiff were injured, his injury resulted solely and proximately as the result of his own lack of care and by means of his own negligence.
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Action in the district court for Pipestone county to recover $10,230 for personal injury. The facts are stated in the opinion. The answer alleged that, if plaintiff were injured, his injury resulted solely and proximately as the result of his own lack of care and by means of his own negligence. The case was tried before Nelson, J., who, at the close of the testimony, denied defendant’s motion for a directed verdict in its favor, and a jury which rendered a verdict for $4,260.97 in favor of plaintiff. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied on…
1Opinion of the CourtHolt, J.
On September 5, 1908, the plaintiff was in charge of a grain elevator served by an adjacent side track of the defendant at the village of Ihlen, Pipestone county, and had been so employed about a year and a half prior thereto. On the. day mentioned, two loaded cars were on the side track ready for transportation, and an empty box car ordered from the defendant the day before by the plaintiff was to be spotted at the elevator. The defendant’s track at this village runs practically north and south. When the north bound freight train which was hauling in the empty car ordered and was to take…
2Cases cited5 opinions
- Alger, Smith & Co. v. Duluth-Superior Traction Co.Supreme Court of Minnesota · 1904
- Lando v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1900
- Pettit v. Great Northern Ry. Co.Supreme Court of Minnesota · 1894
- Gagne v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1899
- Demerany v. Great Northern Railway Co.Supreme Court of Minnesota · 1911
3Cited by1 opinion
- Bryant v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1946