Legal Opinion

Day v. Duluth Street Railway Co.

Supreme Court of Minnesota

Decided May 23, 1913No. Nos. 18,002—(104)PublishedCited by 23 opinions

Action in the district court for St. Louis county to recover $15,800“' for personal injury caused by a collision between an automobile1 which plaintiff was driving and defendant’s street car.

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Action in the district court for St. Louis county to recover $15,800“' for personal injury caused by a collision between an automobile1 which plaintiff was driving and defendant’s street car. The answer-denied that plaintiff was driving his automobile across defendant’s-tracks in the usual and ordinary manner, or that he was in the exercise of all due care and caution, and alleged that without reason he negligently drove his automobile directly in front of defendant’® car, in so doing came into collision with it, and that whatever injury plaintiff received was wholly the result of his own…

1Opinion of the CourtBunn, J.

This action was to recover damages for injuries received in a collision between an automobile driven by plaintiff and a street car-operated by defendant. The issues were submitted to the jury and a verdict rendered in favor of plaintiff in the sum of $5,835. Defend*447ant appeals from an order denying its motion in the alternative for judgment notwithstanding the verdict or for a new trial.

The briefs and arguments were mainly devoted to the question whether it conclusively appeared that plaintiff was guilty of contributory negligence, and, if not, whether the evidence sustains the verdict on this…

2Cases cited7 opinions

  1. Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
  2. Carroll v. Minnesota Valley RailroadSupreme Court of Minnesota · 1869
  3. Walker v. St. Paul City Railway Co.Supreme Court of Minnesota · 1900
  4. Ericson v. Duluth & Iron Range R.Supreme Court of Minnesota · 1894
  5. O'Brien v. St. Paul City Railway Co.Supreme Court of Minnesota · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Meyn v. Dulaney-Miller Auto Co.West Virginia Supreme Court · 1937
  2. Dohm v. R. N. Cardozo BrotherSupreme Court of Minnesota · 1925
  3. Schaar v. ConforthSupreme Court of Minnesota · 1915
  4. Mechler v. McMahonSupreme Court of Minnesota · 1931
  5. Armstead v. LounsberrySupreme Court of Minnesota · 1915

18 more not listed; retrieve them via the Exa API.

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