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Perry v. Chicago Great Western Railroad

EDWARD C. PERRY v. CHICAGO GREAT WESTERN RAILROAD COMPANY

Perry v. Chicago Great Western R.R., 188 N.W. 1002 (Minn. 1922)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
June 23, 1922
Docket
No. 22,844
Judges
Dibell
Citations
188 N.W. 1002152 Minn. 3981922 Minn. LEXIS 558

Opinion of the Court — Dibell

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Dibell, J.

Plaintiff while in the employ of the defendant suffered an inguinal hernia and recovered a verdict of $3,366. The only question is whether it is excessive.

There was evidence at the trial that an operation would likely be effective and that a cure would result within a few months. The operation was an abdominal one which has an element of risk or of unsatisfactory result. No issue was made at the trial or submitted to the jury whether an operation would safely remove his trouble, or whether it was his reasonable duty to submit to an operation. Nothing was submitted to the jury, aside from the question of liability, except the amount of damages which should be awarded for the injury. Following and applying Maroney v. Minneapolis & St. L. R. Co. 123 Minn. 480 , 144 N. W. 149 , 49 L. R. A. (N. S.) 756, and in *399 any possible view of the case, the damages are not excessive. They are conservative.

Order affirmed.

How later courts describe this case

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

1925: 11973: 119252026peak 1925 · 1

Relies on it most ⓘ

  1. Couture v. Novotny211 N.W.2d 172 (Minn. 1973)
  2. White v. Holmes103 So. 623 (Fla. 1925)

Most recent

  1. Couture v. Novotny211 N.W.2d 172 (Minn. 1973)
  2. White v. Holmes103 So. 623 (Fla. 1925)

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
Maroney v. Minneapolis & St. Louis R.R., 144 N.W. 149 (Minn. 1913) 11

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