Legal Opinion · Dissent

Hoelmer v. Sutton

Supreme Court of Minnesota

Decided February 9, 1940No. 32,305Published

1DissentGallagher, Chief Justice

Under the doctrine of such cases as Tobisch v. Villaume, 164 Minn. 126, 204 N. W. 568; Quinn v. Heidman, 157 Minn. 129, 195 N. W. 774; Lundberg v. Zimmer, 159 Minn. 179, 198 N. W. 407; Pach v. Chippewa Springs Corp. 161 Minn. 125, 201 N. W. 293, it seems to me that the issues of defendant’s negligence and decedent’s contributory negligence were for the jury. There is testimony in the record from which a jury could find that defendant was traveling between 25 and 30 miles per hour at the time of the accident. In that event, his automobile must have been from 50 to 60 feet from the place of the…

2Cases cited5 opinions

  1. Tobisch v. VillaumeSupreme Court of Minnesota · 1925
  2. Quinn v. HeidmanSupreme Court of Minnesota · 1923
  3. Pach v. Chippewa Springs CorporationSupreme Court of Minnesota · 1924
  4. Lundberg v. ZimmerSupreme Court of Minnesota · 1924
  5. Peterson v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1938

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