Smith v. Barry

Thomas Gallagher, Justice.

Plaintiff brought action for personal injuries as the result of an accident wherein he was struck down while crossing Broadway in Fargo, North Dakota, by a mail truck belonging to defendant and operated by his agent, Odean Enger. Both plaintiff and defendant are residents of Moorhead, Minnesota. The case was tried three times before Clay county, Minnesota, juries. The first two trials resulted .in disagreements of the juries, while in the third trial, here involved, plaintiff recovered a verdict for $9,375. From an order denying his motion for judgment…