Leiknes v. Witte

Frank T. Gallagher, Justice.

Appeal from an order granting plaintiff a new trial exclusively for an alleged error of law in the charge to the jury.

In view of the nature of the appeal it will not be necessary to review the fact situation, except to say that plaintiff was injured at about 1 a. m., March 15, 1958, while walking across Washington Avenue from west to east between 22nd and 23rd Avenues North in Minneapolis. He was struck by a car operated by defendant. Shortly before the accident plaintiff had left a small tavern in the vicinity, where he had been for about 5 ¥2 hours during which…