McKenzie v. Duluth Street Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $2,017 for injury received while walking across defendant’s street car track. The answer set up as a defense the negligence of plaintiff. The ease was tried before Dancer, J., and a jury which returned a verdict in favor of defendant-. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtHolt, J.
Defendant operates a double tracked street ear line on Superior street, Duluth. On a still, clear summer afternoon, a collision occurred between plaintiff, a young man, and an east bound street car of defendant. The accident occurred about 70 or 80 feet west of Eighth avenue east, upon the south track. At the same time another car was approaching Eighth avenue running west on the north track. Plaintiff as he came out of a store located on the south side of Superior street, and 130 feet west of Eighth avenue noticed both cars. He intended to take the one going west, and started diagonally…
2Cases cited9 opinions
- Fonda v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Steinbauer v. StoneSupreme Court of Minnesota · 1902
- Day v. Duluth Street Railway Co.Supreme Court of Minnesota · 1913
- Terien v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
- Peterson v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1903
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3Cited by1 opinion
- O'Rourke v. Duluth Street Railway Co.Supreme Court of Minnesota · 1923