Hill v. Minneapolis Street Railway Co.
Supreme Court of Minnesota
Two actions in the district court for Hennepin county, one by Elizabeth Hill to recover $5,036 for personal injuries caused by the alleged negligence of defendant’s motorman in closing the gates of the car before plaintiff had entirely gotten through them in entering the car, and the other by Archibald Hill, her husband, for $535. In each case the answer was a general denial.
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Two actions in the district court for Hennepin county, one by Elizabeth Hill to recover $5,036 for personal injuries caused by the alleged negligence of defendant’s motorman in closing the gates of the car before plaintiff had entirely gotten through them in entering the car, and the other by Archibald Hill, her husband, for $535. In each case the answer was a general denial. The cases were tried together before Holt, J., and a jury which returned verdiets in favor of defendant. From an order denying plaintiffs’ motions for a new trial, they appealed.
1Opinion of the Court
Lewis, J..Plaintiff claims to have been injured by tbe negligent act of tbe motorman in closing the gate too soon while she was in ■ the act of boarding a street car. A verdict was returned for defendant, and the case comes here for the consideration of two propositions: Was the defendant, under the pleadings, entitled to have submitted to the jury the question of plaintiff’s contributory negligence? and the correctness of the charge as to the degree of care required by defendant.
1. The complaint did not negative the negligence of the plaintiff, ■ and the answer was a general denial. The…
2Cases cited8 opinions
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- O'Malley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1890
- In re the Probate of the Last Will & Testament of PennimanSupreme Court of Minnesota · 1873
- Fewings v. MendenhallSupreme Court of Minnesota · 1903
- Hocum v. WeitherickSupreme Court of Minnesota · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Flaherty v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1958
- Erickson v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
- Waldo v. St. Paul City Railway Co.Supreme Court of Minnesota · 1955
- McKellar v. Yellow Cab Co.Supreme Court of Minnesota · 1921
- Mellon v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
5 more not listed; retrieve them via the Exa API.