Legal Opinion

Behrens v. Hawkeye Oil Co.

Supreme Court of Minnesota

Decided March 31, 1922No. 22,670PublishedCited by 15 opinions

Action in the district court for Olmsted county to recover $27,000 for personal injuries received in collision between plaintiff’s motorcycle and defendant’s motor truck.

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Action in the district court for Olmsted county to recover $27,000 for personal injuries received in collision between plaintiff’s motorcycle and defendant’s motor truck. The case was tried before Callaghan, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $10,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtHallam, J.

Plaintiff, while riding a motor cycle on a street in Rochester, came into collision with defendant’s track' and was injured. He sued for damages and recovered a verdict. Defendant appeals.

1. Defendant’s truck was driven by an employe, William Klinkel. He desired to turn on an intersecting street to the left, and, in doing so, crowded close to the left curb. Plaintiff was passing on the- left and was injured by the act of the truck driver crowding to the left of the street. The negligence of the truck driver in crowding to the left side of the street is unquestioned.

2.. Defendant contends that…

2Cases cited1 opinion

  1. Fransen v. Kellogg Toasted Corn Flake Co.Supreme Court of Minnesota · 1921

3Cited by15 opinions

  1. Enea v. PfisterWisconsin Supreme Court · 1923
  2. Elliason v. Western Coal & Coke Co.Supreme Court of Minnesota · 1925
  3. Southern Bell Telephone & Telegraph Co. v. QuickMississippi Supreme Court · 1933
  4. Lund v. OlsonSupreme Court of Minnesota · 1931
  5. Piepho v. M. Sigbert-Awes Co.Supreme Court of Minnesota · 1922

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