Legal Opinion

Rhea v. Minneapolis Street Railway Co.

Supreme Court of Minnesota

Decided June 17, 1910No. Nos. 16,659—(122)PublishedCited by 3 opinions

Action by the administratrix of the estate of Ebenezer B. Rhea to recover $5,000 for the death of her intestate, alleged to have been caused by the negligent operation of defendant’s street car while decedent was a passenger thereon. The answer admitted that while a passenger decedent fell down in the car.

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Action by the administratrix of the estate of Ebenezer B. Rhea to recover $5,000 for the death of her intestate, alleged to have been caused by the negligent operation of defendant’s street car while decedent was a passenger thereon. The answer admitted that while a passenger decedent fell down in the car. The case was tried before Holt, J., who denied a motion to direct a verdict in favor of plaintiff, leaving the amount to the jury, and granted a motion to direct a verdict in favor of defendant. From an order denying plaintiff’s motion to set aside the verdict and grant a new trial, she…

1Opinion of the CourtBrown, J.

Action for the alleged wrongful death of plaintiff’s intestate, in which a verdict was directed for defendant, and -plaintiff appealed from an order denying a new trial.

*272Decedent was a passenger upon one of defendant’s street cars in the city of Minneapolis, and plaintiff claims, • received an injury, caused by the negligence of defendant, which subsequently resulted in his death. The complaint alleges as grounds of negligence that the car upon which decedent was a passenger was overloaded and crowded; that he was unable, when first going upon the same, to obtain a seat, and was compelled to…

2Cases cited4 opinions

  1. Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
  2. Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
  3. Spencer v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1900
  4. Fewings v. MendenhallSupreme Court of Minnesota · 1903

3Cited by3 opinions

  1. Swanson v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1958
  2. Underdahl v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1935
  3. Jelinek v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1915

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