Kennedy v. St. Paul City Railway Co.
Supreme Court of Minnesota
Appeal by defendant, the St. Paul City Eailway Company, from an order of the District Court of Ramsey County, Chas. E. Otis, J., made January 22, 1894, denying its motion for a new trial. April 28, 1893, the plaintiff Charles Kennedy was a laundryman. . He undertook to drive his laundry wagon across the street railway "tracks in Wabasha street, between Eighth and Ninth streets, St. Paul.
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Appeal by defendant, the St. Paul City Eailway Company, from an order of the District Court of Ramsey County, Chas. E. Otis, J., made January 22, 1894, denying its motion for a new trial. April 28, 1893, the plaintiff Charles Kennedy was a laundryman. . He undertook to drive his laundry wagon across the street railway "tracks in Wabasha street, between Eighth and Ninth streets, St. Paul. An electric street car struck his laundry wagon and over-set it and hurt plaintiff’s left foot. He brought this action to recover damages claiming he was exercising due care and that defendant’s motoneer was…
1Opinion of the CourtMitchell, J.
This is one of a class of cases frequently appealed to this court, involving issues purely of fact, where we have considerable doubt whether those issues were rightly decided, but the evidence is such that an appellate court would not be warranted in disturbing the verdict of the jury. In determining whether the injury to the plaintiff was caused by his own negligence or by that of defendant’s servants, the most important, if not the decisive, question was whether the plaintiff attempted to drive across the railway track in front of an approaching car already in motion, or whether, when he…
2Cases cited2 opinions
- Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Watson v. Minneapolis Street-Railway Co.Supreme Court of Minnesota · 1893
3Cited by11 opinions
- Ploetz v. HoltSupreme Court of Minnesota · 1913
- Reid v. EhrNorth Dakota Supreme Court · 1917
- Evansville Street Railroad v. GentryIndiana Supreme Court · 1896
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Wosika v. St. Paul City Railway Co.Supreme Court of Minnesota · 1900
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