Gisleson v. Minneapolis & St. Louis Railroad
Gisleson v. Minneapolis & St. Louis Railroad
Opinion of the Court
The only alleged error presented by this appeal arises out of the contention that the damages, as finally reduced by the trial court and accepted by plaintiff, were excessive. The latter, a “stock-man,” had transportation from Minneapolis to his home at Twin Lakes, more than one hundred- miles, over defendant’s railroad. He took the, evening train at Minneapolis on November 16, 1899, and was compelled by the conductor to leave it at Hopkins, a station about ten miles from Minneapolis, on the ground that his transportation contract was not good. In this the conductor was wrong, for it is conceded that, the contract was valid, and should
The court instructed the jury that the plaintiff’s recovery must be limited to such an amount as would fairly and reasonably compensate him for the injury sustained at the hands of the defendant; that this included the amount paid for railroad fare, loss of time, and personal inconvenience and annoyance at being wrongfully put off the train and at being delayed upon his journey. The jury returned a verdict of $225, and upon a motion for a new trial the court below ordered that the motion should be granted unless the plaintiff consented that the verdict be reduced to the' sum of $150. Consent was duly filed.
On the facts the case now before us is much like that of Finch v. Northern Pacific R. Co., 47 Minn. 36, 49 N. W. 329, except that no insulting language was used on that occasion, and there was no exhibition of ill will. We there reduced a verdict of $500 to $250, with an intimation that such sum should not be regarded as a standard for the guidance of trial courts in future. In McLean v. Chicago, St. P., M. & O. Ry. Co., 50 Minn. 485, 52 N. W. 966, the facts considered were about the same, except that plaintiff resided within two miles of the place where he was wrongfully compelled to get off defendant’s train. He was not insulted nor humiliated in the presence of passengers. The only real inconvenience shown was that he had to return home, about two
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.