Moeller v. St. Paul City Railway Co.

Youngdahl, Justice.

In an action for damages for death by wrongful act, defendants appeal from an order denying their alternative motion for judgment non obstante or a new trial.

On February 27, 1943, at about 11:40 p. m., Peter A. Moeller was struck by a streetcar of defendant company and fatally injured while crossing University avenue at Hampden, in St. Paul. He died in the ambulance en route to the hospital. During the day, decedent had been working at the Louis F. Dow Company plant, located on the southeast corner of the intersection. He left his employment about 11:30 p. m. and stood near…