Minnesota Supreme Court, 1898

Oelschlegel v. Chicago Great Western Railway Co.

Oelschlegel v. Chicago Great Western Railway Co.
Minnesota Supreme Court · Decided January 4, 1898 · Collins
71 Minn. 50; 73 N.W. 631; 1898 Minn. LEXIS 511 (Minnesota Reports)

Counsel

Daniel W. Lawler and Albert Sehaller, -for appellant., Frank Ford, for respondent.

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Last cited by a Minnesota appellate court in 1962, among the opinions in this site’s citation index.

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Oelschlegel v. Chicago Great Western Railway Co.

Cases that cite this one

30 later published cases cite this decision. The 25 that cite it most often are listed here.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

COLLINS, J.

In an action to recover damages for personal injuries plaintiff had a verdict. Upon a settled case defendant corporation moved to set aside the verdict, and that judgment be entered in its favor notwithstanding the same.

This appeal is from an order denying the motion. No motion was made in the court below for a new trial. The order is not appealable. It was so suggested in Eckman v. Lauer, 67 Minn. 221, 69 N. W. 893, and it was so held in St. Anthony v. Graham, 67 Minn. 318, 69 N. W. 1077. The only difference in the facts between the case last cited and the present is that there the motion was in the alternative, — for judgment, or for a new trial in case judgment was not ordered; the court denying the first, but granting the alternative, request, and the appeal being taken from that part of the order which denied the motion for judgment,— while here the motion was not in the alternative, but simply for an order for judgment, which was denied, whereupon defendant appealed. Of course there is no substantial difference in the facts.

Appeal dismissed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.