123 Minn. 173 | Minn. | 1913
Julius J. Kloppenburg sued to recover damages for personal injuries, claiming that on November 21, 1910, during the transportation of a car of live poultry from Hanldnson, North Dakota, to Chicago, and while he was riding therein, engaged in the discharge of his duties as caretaker accompanying the shipment in accordance with his contract for carriage, defendant negligently managed the train, so that the car was unnecessarily and violently jerked and bumped, causing him to fall to the floor, with resulting permanent injuries and incapacity. Defendant denied negligence and injury, and charged contributory negligence, and also that plaintiff’s injuries, if any, were due to risks and hazards knowingly and voluntarily assumed. After verdict in his favor for $16,000 plaintiff died, and the administratrix of his estate was substituted. Defendant appealed from an order denying its alternative motion.
Neither can we say that the verdict is excessive.
Order affirmed.