Theisen v. Durst
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $50,000 for injuries received in a collision with an automobile driven by defendant Sebenthal, a servant of defendant Durst. The answer alleged that the accident and resulting injuries were due solely to the negligence of plaintiff. The case was tried before Hale, J., and a jury which returned a verdict for $12,750. From an order denying their motion fo}- a new trial, defendants appealed.
1Opinion of the Court
Taylor, C.
Plaintiff recovered a verdict for injuries sustained by being struck by the automobile of defendant Durst, driven by his chauffeur, defendant Sebenthal, ancl defendants appeal from an order denying a new trial.
Only two, questions are presented: Whether plaintiff was guilty of contributory negligence as a matter of law; and whether the verdict is excessive.
While a large auto truck some 7 or 8 feet high was standing at the curb in front of a store on the north side of Lake street in the city of Minneapolis and about 50 feet east of the intersection of that street with Lyndale avenue,…
2Cases cited3 opinions
- Stallman v. SheaSupreme Court of Minnesota · 1906
- Weil v. KreutzerCourt of Appeals of Kentucky · 1909
- Archer v. SkahenSupreme Court of Minnesota · 1917
3Cited by2 opinions
- Garey v. MichelsenSupreme Court of Minnesota · 1949
- Johnson v. BrastadSupreme Court of Minnesota · 1919