Legal Opinion

Peaslee v. Railway Transfer Co.

Supreme Court of Minnesota

Decided January 24, 1913No. Nos. 17,820—(166)PublishedCited by 6 opinions

Action in the district court for Hennepin county to recover $5,000 for personal injury. The allegation of the complaint in respect to defendant’s negligence is quoted in the seventh paragraph >of the opinion. The answer alleged that if the accident occurred it was not due to any negligence whatsoever on the part of defendant or any of its employees, but was due to plaintiff’s failure to exercise ordinary care for his own safety.

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Action in the district court for Hennepin county to recover $5,000 for personal injury. The allegation of the complaint in respect to defendant’s negligence is quoted in the seventh paragraph >of the opinion. The answer alleged that if the accident occurred it was not due to any negligence whatsoever on the part of defendant or any of its employees, but was due to plaintiff’s failure to exercise ordinary care for his own safety. The case was tried before Waite, J., who at the close of the testimony denied defendant’s motion for an instructed verdict, and a jury which returned a verdict for…

1Opinion of the CourtHolt, J.

In Minneapolis, on the west side of the river, Sixth avenue south is the main thoroughfare to the milling district. Crossing this avenue at right angles and running in a southeasterly and northwesterly direction parallel with the river is Second street. Adjoining this street on the north are four large flour mills with loading platforms extending up to, and in some places encroaching on, Second street. Of these mills the Anchor mill comes up to the easterly line of Sixth avenue'south, thence easterly along Second street are located Washburn C, B, and A mills.

The whole of Second street, with…

2Cases cited4 opinions

  1. Goss v. GossSupreme Court of Minnesota · 1907
  2. Johnson v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
  3. Slette v. Great Northern Railway Co.Supreme Court of Minnesota · 1893
  4. Northrup v. HaywardSupreme Court of Minnesota · 1906

3Cited by6 opinions

  1. Ploetz v. HoltSupreme Court of Minnesota · 1913
  2. Hillstrom v. Mannheimer Bros.Supreme Court of Minnesota · 1920
  3. Bryant v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1946
  4. Chicago, St. P., M. & O. Ry. Co. v. NelsonCourt of Appeals for the Eighth Circuit · 1915
  5. Bowers v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1919

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