Mardorf v. Duluth-Superior Transit Co.

I. M. Olsen, Justice.

Plaintiff sued to recover damages for personal injury claimed to have been caused by the negligence of the defendant’s motorman in operating one of its street cars in Duluth. The court submitted to the jury the question of defendant’s negligence and the question of •plaintiff’s contributory negligence. The jury returned a verdict for plaintiff. Thereafter the defendant moved in the alternative for judgment notwithstanding the verdict,- or, if that be denied, then for a new trial. The court, on such motion, ordered judgment in favor of the defendant notwithstanding the…