Evans v. Chi., M. & St. P. Ry. Co., No. 19841[205].

CourtSupreme Court of Minnesota (US)
Citation158 N.W. 335,133 Minn. 293
Decision Date16 June 1916
PartiesEVANS v. CHICAGO, M. & ST. P. RY. CO. et al.
Docket NumberNo. 19841[205].

133 Minn. 293
158 N.W. 335

EVANS
v.
CHICAGO, M. & ST. P. RY.
CO. et al.

No. 19841[205].

Supreme Court of Minnesota.

June 16, 1916.


Appeal from District Court, Hennepin County; John H. Steele, Judge.

Action by David T. Evans against the Chicago, Milwaukee & St. Paul Railway Company and others. From an order denying a new trial, plaintiff appeals. Reversed.


Syllabus by the Court

In an action by a passenger against a carrier for personal injuries it is error to receive evidence that he carried accident insurance and realized thereon for his injuries to diminish or defeat a recovery.

When such evidence is stricken by the court on its own motion and the jury directed to disregard it the error is ordinarily cured, the presumption being that prejudice did not result; but when it appears that prejudice resulted the error is not cured and a new trial should be granted; and in this case it is held that prejudice resulted.

The court correctly refused to receive in evidence the amputated hand of the plaintiff.


[158 N.W. 336]

Mead & Bryngelson and A. D. Evans, all of Minneapolis, for appellant.

F. W. Root and Nelson J. Wilcox, both of Minneapolis, for respondents.


DIBELL, C.

Action for personal injuries. Verdict for the defendant. Appeal by the plaintiff from an order denying his motion for a new trial.

1. The plaintiff was a passenger on a night train of the defendant from Minneapolis to Owatonna. He claims that as he was on the platform passing from the smoker to another coach just as the train was leaving Minnehaha Falls he slipped and fell down the steps and in trying to save himself was thrown under the coach. His hand was crushed. Afterwards it was amputated at the wrist. The evidence was such as to sustain a verdict in his favor.

On the cross-examination of the plaintiff the defendant was permitted to show, over his objection, that he had received $5,000 on policies of accident insurance covering his injury. The purpose was to reduce or defeat his recovery upon the theory that the larger the amount he received from insurance the less was the loss for which he could recover of the defendant. The receipt by one injured through the negligence of another of the proceeds of accident policies does not defeat or diminish his recovery of the tort-feasor. The principle is illustrated where death results from an injury, the deceased having a life policy, and where property is damaged, the owner having a fire policy. The holdings are not uncertain and the cases are...

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37 practice notes
  • Harper v. Bolton, No. 17870
    • United States
    • United States State Supreme Court of South Carolina
    • February 7, 1962
    ...disputed fact material to the issue, the exhibition should not have been allowed. In the case of Evans v. Chicago, M. & St. P. R. Co., 133 Minn. 293, 158 N.W. 335, the court held that where the amputated hand of the plaintiff, which had been preserved, was offered in evidence for the purpos......
  • Moses v. Independence, Mo. & K.C. Pub. Serv. Co., No. 20548.
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1945
    ...the same from the jury. National Cash Register Co. v. Kay (Mo. App.), 119 S.W. (2d) 437, l.c. 440; Evans v. C.M. & St. P.R. Co. (Minn.), 158 N.W. 335; Anglo-Texas Oil Co. v. Marshall (Okla.), 256 Pac. 740. (6) Plaintiff's instruction "3" was erroneously given in that there was no evidence t......
  • Beschnett v. Farmers Equitable Ins. Co., No. 40199
    • United States
    • Supreme Court of Minnesota (US)
    • December 2, 1966
    ...the proceeds of accident policies does not defeat nor diminish his recovery of the tort-feasor.' Evans v. Chicago, M. & St. P. Ry. Co., 133 Minn. 293, 294, 158 N.W. 335, 336; Dahlin v. Kron, 232 Minn. 312, 320, 45 N.W.2d 833, 837; Wilson v. Home Gas Co., Inc., 267 Minn. 162, 167, 125 N.W.2d......
  • General Mills v. Goldman, No. 14087.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • November 9, 1950
    ...the insured building, is, in my opinion, of no legal concern to the defendant. Evans v. Chicago, Milwaukee & St. Paul Railway Co., 133 Minn. 293, 158 N.W. 335, The judgment appealed from should be affirmed. --------Notes: 1 A copy of the lease was attached to the complaint showing on its fa......
  • Request a trial to view additional results
37 cases
  • Harper v. Bolton, No. 17870
    • United States
    • United States State Supreme Court of South Carolina
    • February 7, 1962
    ...disputed fact material to the issue, the exhibition should not have been allowed. In the case of Evans v. Chicago, M. & St. P. R. Co., 133 Minn. 293, 158 N.W. 335, the court held that where the amputated hand of the plaintiff, which had been preserved, was offered in evidence for the purpos......
  • Moses v. Independence, Mo. & K.C. Pub. Serv. Co., No. 20548.
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1945
    ...the same from the jury. National Cash Register Co. v. Kay (Mo. App.), 119 S.W. (2d) 437, l.c. 440; Evans v. C.M. & St. P.R. Co. (Minn.), 158 N.W. 335; Anglo-Texas Oil Co. v. Marshall (Okla.), 256 Pac. 740. (6) Plaintiff's instruction "3" was erroneously given in that there was no evidence t......
  • Beschnett v. Farmers Equitable Ins. Co., No. 40199
    • United States
    • Supreme Court of Minnesota (US)
    • December 2, 1966
    ...the proceeds of accident policies does not defeat nor diminish his recovery of the tort-feasor.' Evans v. Chicago, M. & St. P. Ry. Co., 133 Minn. 293, 294, 158 N.W. 335, 336; Dahlin v. Kron, 232 Minn. 312, 320, 45 N.W.2d 833, 837; Wilson v. Home Gas Co., Inc., 267 Minn. 162, 167, 125 N.W.2d......
  • General Mills v. Goldman, No. 14087.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • November 9, 1950
    ...the insured building, is, in my opinion, of no legal concern to the defendant. Evans v. Chicago, Milwaukee & St. Paul Railway Co., 133 Minn. 293, 158 N.W. 335, The judgment appealed from should be affirmed. --------Notes: 1 A copy of the lease was attached to the complaint showing on its fa......
  • Request a trial to view additional results

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