Schuman v. Minneapolis Street Railway Co.

Loring, Justice.

Defendant appeals from an order of the district court denying its motion for judgment notwithstanding the verdict of $3,400 and granting its motion for a new trial unless plaintiff accepted a reduced verdict of $2,500, which plaintiff did.

Plaintiff, an employe of the city of Minneapolis, was injured when struck by defendant’s streetcar. At the time of the accident he and 10 or 12 city workmen were cleaning and scraping Chicago avenue between Twenty-seventh and Twenty-eighth streets preparatory to resurfacing that portion of the avenue between the streetcar tracks and the curb.…