Moore v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $434 for injury to plaintiff’s property occasioned by a collision with a street car of defendant operated in violation of Ordinance 1652 of the city of St. Paul regulating the speed of such cars. The answer alleged that the injury was caused by the negligence of the driver of plaintiff’s team. The case was tried before Michael, J., who when plaintiff rested granted defendant’s motion to dismiss the action.
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Action in the district court for Ramsey county to recover $434 for injury to plaintiff’s property occasioned by a collision with a street car of defendant operated in violation of Ordinance 1652 of the city of St. Paul regulating the speed of such cars. The answer alleged that the injury was caused by the negligence of the driver of plaintiff’s team. The case was tried before Michael, J., who when plaintiff rested granted defendant’s motion to dismiss the action. Prom an order denying his 'motion for a new trial, plaintiff appealed.
1Opinion of the Court
Taylor, C.
On the evening of October 13,1915, one of defendant’s street cars, proceeding west along University avenue in the city of St. Paul, collided with a team and wagon, belonging to plaintiff and driven by one Schind*316ler, which was proceeding east along the same street. Plaintiff brought suit for the damage to the team'and wagon. At the close of plaintiff’s evidence, the trial court dismissed the action on the ground that the driver of the team was guilty of contributory negligence.
Plaintiff moved for a new trial and appealed from an order denying his motion.
1. Plaintiff called the…
2Cases cited1 opinion
- Carlson v. Duluth Street Railway Co.Supreme Court of Minnesota · 1910
3Cited by5 opinions
- Seaboard Air Line Railroad Company v. FordSupreme Court of Florida · 1956
- Seitz v. MichelSupreme Court of Minnesota · 1921
- Alsleben v. Oliver CorporationSupreme Court of Minnesota · 1959
- Garedpy v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Minnesota · 1929
- May v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1920