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Deakin v. Chicago, Milwaukee & St. Paul Railway Co.

Robert Deakin v. Chicago, Milwaukee & St. Paul Railway Company

Deakin v. Chicago, Milwaukee & St. Paul Ry. Co., 7 N.W. 268 (Minn. 1880)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
November 9, 1880
Judges
Berry
Citations
7 N.W. 26827 Minn. 3031880 Minn. LEXIS 82
Headnotes
Error in Refusal to Dismiss cured by Subsequent Evidence. — BerJcey v. Judd, 22 Minn. 287, followed, as to the point that an error committed in the denial of a motion to dismiss an action on the ground of insufficiency of testimony is cured by the after introduction of competent evidence sufficient to supply the deficiency. Evidence held sufficient to support a verdict.
Summary
Appeal by defendant from an order of the district court for Goodhue county, Crosby, J., presiding, refusing a new trial. The action was brought to recover damages for the killing of two mares of plaintiff by a train on defendant’s railway, and the only question submitted by the court to the jury was whether the defendant’s servants in charge of the train, after they discovered the peril of the mares, used reasonable care to avoid injuring them.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Berry

Text extracted by OCR from a scanned original; check the original for exact wording.

Berry, J.

Wo need not inquire whether, at the close of his testimony in chief, the plaintiff had or had not introduced evidence sufficient to establish his alleged cause of action. If he had not, any error of the court in refusing to grant defendant’s motion to dismiss was cured, if, in the after progress of the trial, competent evidence was received sufficient to supply the deficiency. Berkey v. Judd, 22 Minn. 287 .

The simple question remains whether, the evidence in the case was sufficient to support the verdict. Upon a careful study of the testimony, we have come to the conclusion that it has a sufficient tendency to establish plaintiff’s alleged cause of action in all material points, and that therefore the-verdict should not be disturbed.

Order denying new trial affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1884–1885: 21894–1895: 11902–1903: 11914–1915: 118842026peak 1884 · 2

Relies on it most ⓘ

  1. McRoberts v. McArthur64 N.W. 903 (Minn. 1895)
  2. Busack v. Johnson152 N.W. 757 (Minn. 1915)
  3. State v. Bishop Seabury Mission95 N.W. 882 (Minn. 1903)
  4. Davidson v. St. Paul, Minneapolis & Manitoba Railway Co.24 N.W. 324 (Minn. 1885)
  5. Keith v. Briggs20 N.W. 91 (Minn. 1884)

Most recent

  1. Busack v. Johnson152 N.W. 757 (Minn. 1915)
  2. State v. Bishop Seabury Mission95 N.W. 882 (Minn. 1903)
  3. McRoberts v. McArthur64 N.W. 903 (Minn. 1895)
  4. Davidson v. St. Paul, Minneapolis & Manitoba Railway Co.24 N.W. 324 (Minn. 1885)
  5. Keith v. Briggs20 N.W. 91 (Minn. 1884)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Berkey v. Judd, 22 Minn. 287 (1875) 44

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