Warren v. Mendenhall
Supreme Court of Minnesota
Action in the district court for St. Louis county against defendant, as receiver of the Duluth Street Railway Company, to recover $5,200 damages for personal injuries. The case was tried before Moer, J., who directed a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed. Defendant was bound to use the same care in preventing a collision as the driver of any other vehicle would be bound to use. Shea v. St. Paul City Ry.
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Action in the district court for St. Louis county against defendant, as receiver of the Duluth Street Railway Company, to recover $5,200 damages for personal injuries. The case was tried before Moer, J., who directed a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed. Defendant was bound to use the same care in preventing a collision as the driver of any other vehicle would be bound to use. Shea v. St. Paul City Ry. Co., 50 Minn. 395. The car had no priority at the street crossing. Watson v. Minneapolis St. Ry. Co., 53 Minn. 551.…
1Opinion of the Court
CANTY, J.1
Plaintiff was employed by the fire department of the city of Duluth as the driver of a hook and ladder truck. While responding to a fire alarm on September 7, 1898, the truck, which plaintiff was driving on one street, came in collision with defendant’s electric street car, running on its track on a cross street, whereby plaintiff was injured. He brought this action to recover damages for the injury, on the ground that the same occurred by reason of defendant’s negligence. At the close of the evidence, the court ordered a verdict for defendant, and from an order denying a new trial…
2Cases cited3 opinions
- State v. SheppardSupreme Court of Minnesota · 1896
- Cottrill v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Magee v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1890
3Cited by15 opinions
- Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
- Edberg v. JohnsonSupreme Court of Minnesota · 1921
- Hanlon v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
- Oklahoma Ry. Co. v. ThomasSupreme Court of Oklahoma · 1917
- Baltimore Transit Co. v. YoungCourt of Appeals of Maryland · 1947
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