Kimpell v. Duluth Street Railway Co.

Defendant appealed from an order granting a new trial based exclusively upon errors occurring at the trial. It was claimed that the error consisted of an order of the court dismissing the action at the close of plaintiff’s evidence.

Plaintiff seeks to recover damages because of the death of her son who was killed in the automobile collision involved in Kimpell v. Duluth St. Ry. Co. 167 Minn. 144, 208 N. W. 759. The automobile was traveling south on the westerly side of Tower avenue in Superior, Wisconsin, about 8:30 in the evening of August 21, 1924. A street car coming from the south collided…