Legal Opinion

Watson v. Minneapolis Street-Railway Co.

Supreme Court of Minnesota

Decided June 27, 1893PublishedCited by 34 opinions

Appeal by defendant, Minneapolis Street-Railway Company, from an order of the District Court of Hennepin County, Thomas Canty, J., made November 19,1892, denying its motion for a new trial. On April 23, 1892, the plaintiff, Lncins E. Watson, was driving east on Eleventh Avenue across the defendant’s railway tracks on Washington Avenue, South. He had four horses and a heavy load of lumber, about 4,000 feet, which he was delivering for a lumber company.

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Appeal by defendant, Minneapolis Street-Railway Company, from an order of the District Court of Hennepin County, Thomas Canty, J., made November 19,1892, denying its motion for a new trial. On April 23, 1892, the plaintiff, Lncins E. Watson, was driving east on Eleventh Avenue across the defendant’s railway tracks on Washington Avenue, South. He had four horses and a heavy load of lumber, about 4,000 feet, which he was delivering for a lumber company. An electric interurban street car coming from the south struck his load before he could get it across and clear of the track, and he was thrown…

1Opinion of the CourtGilfillan, C. J.

The witness Walden showed himself competent to state within what distance an electric railway car going at the rate of fourteen miles per hour (at which rate some of the evidence indicated the car which injured plaintiff was going) can be stopped. He had been conductor on such a car two months, must have seen such cars stopped many hundreds of times, when going at as high a rate of speed as they ordinarily attain, and was'at the time conductor on the car which did the injury. It must be presumed that he was an ordinarily observant man, and, if so, he must have been able to express a pretty…

2Cases cited2 opinions

  1. Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
  2. Hart v. KesslerSupreme Court of Minnesota · 1893

3Cited by34 opinions

  1. Moeller v. St. Paul City Railway Co.Supreme Court of Minnesota · 1944
  2. Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
  3. Fritz v. Detroit Citizens' Street Railway Co.Michigan Supreme Court · 1895
  4. Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
  5. Citizens' Rapid Transit Co. v. SeigristTennessee Supreme Court · 1896

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