Derrick v. St. Paul City Railway Co.

Thomas Gallagher, Justice.

Action by Katherine Derrick against St. Paul City Railway Company for injuries sustained December 20, 1954, at about 1 p. m. when defendant’s bus, in which she was a passenger, swerved and collided with a light pole and another pole in a service station adjacent to the highway. The jury returned a verdict of $4,550.23 for plaintiff. This is an appeal from an order denying defendant’s subsequent motion for judgment notwithstanding the verdict or for a new trial.

On appeal defendant contends the trial court erred in instructing the jury as follows:

“* * * When a…