Konkel v. Erdman

Frank T. Gallagher, Justice.

Appeal from an order of the district court denying plaintiffs motion for a new trial.

On the night of February 14, 1955, plaintiff, aged 58 years, left the auditorium in Minneapolis at about 11 p. m. to go to his home in that city. He walked easterly on Grant Street to Fourth Avenue South to catch a bus. When he arrived there, he stood at the bus stop for a few minutes, but when no bus came along, he walked southerly on the west side of Fourth Avenue to Fourteenth Street where he waited “a minute or so” and then proceeded southerly again. When he reached the…