Willard v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in tbe district court for Ramsey county to recover $10,310 for personal injuries. Tbe answer alleged that plaintiff remained in tbe car after it arrived at tbe end of tbe line and started on its return trip to Minneapolis; that he refused to pay the fare demanded and refused to leave the car when requested so to do, whereupon he was ejected from the car, but denied that unnecessary force was used. The reply was a general denial.
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Action in tbe district court for Ramsey county to recover $10,310 for personal injuries. Tbe answer alleged that plaintiff remained in tbe car after it arrived at tbe end of tbe line and started on its return trip to Minneapolis; that he refused to pay the fare demanded and refused to leave the car when requested so to do, whereupon he was ejected from the car, but denied that unnecessary force was used. The reply was a general denial. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $1,500. Prom’ an order denying defendant’s motion for…
1Opinion of the CourtStart, C. J.
The plaintiff, a strong man weighing one hundred seventy-eight pounds before his injury, was on August 27, 1910, at about 10: 30 o’clock p. m. on one of the cars of the defendant which was going up Wabasha street in the city of St. Paul. When the car was nearing the State Capitol, the conductor of the car requested the plaintiff to pay his fare. He refused so to do for the reason, as he then claimed, that he boarded the car at Minneapolis, paid his fare to St. Paul, and seasonably informed the conductor that he wished to get off at Avon street; that the conductor failed to call that street,…
2Cases cited1 opinion
- Morrill v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1908
3Cited by1 opinion
- Rice v. New York Life Insurance Co.Supreme Court of Minnesota · 1940