From Casetext: Smarter Legal Research

Robertson v. Chicago, Rock Is. Pac. R.R

Supreme Court of Minnesota
Apr 17, 1930
230 N.W. 585 (Minn. 1930)

Opinion

No. 27,712.

April 17, 1930.

Federal employers liability act — judgment non obstante.

State court can enter judgment non obstante in case under federal employers liability act upon failure of proof that accident resulted proximately from defendant's negligence and verdict rested only on conjecture. [Reporter]

Plaintiff appealed from a judgment of the district court for Dakota county, Schultz, J. in favor of defendant. Affirmed.

Tautges, Wilder McDonald, for appellant.

O'Brien, Horn Stringer, for respondent.



On an appeal by defendant from an order denying its alternative motion for judgment notwithstanding the verdict or for a new trial in the above entitled action, the order was reversed and judgment directed for the defendant. Robertson v. C. R.I. P. Ry. Co. 177 Minn. 303, 225 N.W. 160. Pursuant to the mandate of this court the court below entered judgment for the defendant. The plaintiff appealed from the judgment so entered. This appeal is submitted upon the same record presented on the former appeal. On that appeal it was held that the plaintiff had failed to prove that the accident resulted proximately from any negligence of the defendant and that the verdict rested only upon speculation and conjecture. The case has been reargued, but we find no reason to doubt the correctness of our former conclusion. The facts seem to bring the case squarely within the rule applied by the Supreme Court of the United States in New York Cent. R. Co. v. Ambrose, 280 U.S. 486, 50 S.Ct. 198, 74 L. ed. 276. See also Gunning v. Cooley, 281 U.S. 90, 50 S.Ct. 231, 74 L. ed. 327.

That a judgment notwithstanding the verdict may be rendered by the courts of this state in an action arising under the federal employers liability act was determined in Marshall v. C. R.I. P. Ry. Co. 133 Minn. 460, 157 N.W. 638.

Judgment affirmed.

Stone, J. took no part.


Summaries of

Robertson v. Chicago, Rock Is. Pac. R.R

Supreme Court of Minnesota
Apr 17, 1930
230 N.W. 585 (Minn. 1930)
Case details for

Robertson v. Chicago, Rock Is. Pac. R.R

Case Details

Full title:FORREST NASH ROBERTSON v. CHICAGO, ROCK ISLAND PACIFIC RAILWAY COMPANY

Court:Supreme Court of Minnesota

Date published: Apr 17, 1930

Citations

230 N.W. 585 (Minn. 1930)
230 N.W. 585

Citing Cases

Woodward v. Southern Pac. Co.

For example, the law of the forum has been held controlling with respect to non-unanimous verdicts (…

King v. Schumacher

cited in support of the conclusion reached herein. For example, the law of the forum has been held…