McKillop v. Duluth Street Railway Co.
Supreme Court of Minnesota
Appeal by defendant, the Duluth Street Railway Company, from an order of the District Court of St. Louis County, J. D. Ensign, J., made December 10,1892, denying its motion for a new trial. The plaintiff, Alexander McKillop, brought this action to recover damages for the loss of his left foot on February 4, 1892, under the wheels of one of defendant’s electric railway cars, while he was lying after dark on the track.
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Appeal by defendant, the Duluth Street Railway Company, from an order of the District Court of St. Louis County, J. D. Ensign, J., made December 10,1892, denying its motion for a new trial. The plaintiff, Alexander McKillop, brought this action to recover damages for the loss of his left foot on February 4, 1892, under the wheels of one of defendant’s electric railway cars, while he was lying after dark on the track. He was at work for the Scott & Holston Lumber Company driving a team and sleigh delivering lumber and mill stuff to its customers. He drove to West Duluth and delivered a load,…
1Opinion of the CourtGilfillan, C. J.
The court below erred in excluding the opinions of the witnesses that plaintiff was intoxicated. It was hardly a question for expert testimony, so that — the facts and circumstances, his acts, appearance, and speech, being detailed by other witnesses — a witness might be called to state whether, in his opinion, they indicated intoxication, for the matter being one of observation, and not of science or skill, the jury can judge, from the details given, as well as any one, to whom they might be stated. But there are certain conditions, mental or physical, or both together, the indications of…
2Cases cited7 opinions
- Brownell v. PeopleMichigan Supreme Court · 1878
- Cannady v. LynchSupreme Court of Minnesota · 1881
- Blake v. . PeopleNew York Court of Appeals · 1878
- Raisler v. SpringerSupreme Court of Alabama · 1863
- Ray v. StateSupreme Court of Alabama · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. HicksSupreme Court of Minnesota · 1974
- State v. SimonsenSupreme Court of Minnesota · 1958
- State v. KeelenOregon Supreme Court · 1922
- District of Columbia v. CatonCourt of Appeals for the D.C. Circuit · 1918
- Little Rock Ry. & Electric Co. v. BillingsCourt of Appeals for the Eighth Circuit · 1909
11 more not listed; retrieve them via the Exa API.