Legal Opinion

Cunningham v. City of Thief River Falls

Supreme Court of Minnesota

Decided June 21, 1901No. Nos. 12,662—(135)PublishedCited by 47 opinions

Action in the district court for Red Lake county against defendant City, and Great Northern Railway Company, to recover $15,000 damages for personal injuries.

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Action in the district court for Red Lake county against defendant City, and Great Northern Railway Company, to recover $15,000 damages for personal injuries. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff, against both defendants for $4,000. From an order denying a motion for judgment in favor of defendants, notwithstanding the verdict, and denying a motion for a new trial upon condition that plaintiff consent to a reduction of the verdict to $2,500, defendants appealed.

1Opinion of the CourtBrown, J.

This action was originally brought against defendant city of Thief River Falls to recover damages alleged to have been caused by the defective condition of one of its streets. Subsequently, upon application of the city, the Great Northern Railway Company was made a party defendant, under the provisions of Laws *231895, c. 8, § 349. The city and railway company both answered the complaint, denying generally the negligence charged therein, and alleging contributory negligence on the part oí plaintiff. Plaintiff had a verdict in the court below for the sum of $4,000, which, on defendants’ motion…

2Cases cited15 opinions

  1. Dundas v. City of LansingMichigan Supreme Court · 1889
  2. Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
  3. Malloy v. Township of WalkerMichigan Supreme Court · 1889
  4. Brickell v. N. Y. C. & H. R. R. R. Co.New York Court of Appeals · 1890
  5. State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886

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3Cited by47 opinions

  1. Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  2. Schwartz v. JohnsonTennessee Supreme Court · 1925
  3. Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
  4. Grubb v. Illinois Terminal Co.Illinois Supreme Court · 1937
  5. Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923

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