Rittle v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the municipal court of St. Paul to recover $500 for injuries received while a passenger in defendant’s street car. The answer alleged plaintiff’s negligence. The case was tried before Boerner, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $200. From 'an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the Court
Holt, J..
Plaintiff took passage in defendant’s street car. She sat down in the long right-hand seat near the cross seats and placed her suit case under her right leg. A few blocks from her destination a’traveling salesman, Mr. Houck, boarded the car, and, seating himself on the left of and next to plaintiff, placed his suit case to his left and a simple case to his right, between himself and plaintiff. He testified that the sample case, which was 17 inches long, 9 inches wide and 11 inches high, was placed up against the seat and under 'his right knee or leg. Plaintiff’s testimony is that it…
2Cases cited2 opinions
- Lyons v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Pitcher v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
3Cited by4 opinions
- Bakke v. Rainbow Club, Inc.Supreme Court of Minnesota · 1975
- Koop v. Great Northern Railway Co.Supreme Court of Minnesota · 1947
- Costello v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1928
- Spallen v. Pullman Co.Supreme Court of Minnesota · 1922