Legal Opinion

Kalland v. City of Brainerd

Supreme Court of Minnesota

Decided November 22, 1918No. 20,987PublishedCited by 6 opinions

Action in the district court for Crow Wing county to recover $30,000 for injuries received when riding in an automobile upon one of the streets in defendant city. The ease was tried before Stanton, J., and a jury which returned a verdict for $10,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtDibell, J.

The plaintiff, a passenger in a hired automobile, was injured because of a defect in a street of the defendant city. He had a verdict and the city appeals from an order denying its alternative motion for judgment *120or a new trial. There is no question of the sufficiency of the evidence to sustain a finding that the city was negligent.

1. The plaintiff hired an automobile to take him and some companions a few miles out of Brainerd. He had no right of control over the movements of the automobile, nor did he assume any, nor were he and the driver engaged in a joint undertaking. Under our holdings…

2Cases cited8 opinions

  1. Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
  2. Cunningham v. City of Thief River FallsSupreme Court of Minnesota · 1901
  3. Follman v. City of MankatoSupreme Court of Minnesota · 1886
  4. Carnegie v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
  5. McDonald v. Mesaba Railway Co.Supreme Court of Minnesota · 1917

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Hollister v. HinesSupreme Court of Minnesota · 1921
  2. Grayson v. Irvmar Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1959
  3. Manos v. St. Paul City Railway Co.Supreme Court of Minnesota · 1928
  4. Lundh v. Great Northern Railway Co.Supreme Court of Minnesota · 1925
  5. Metz v. Great Atlantic & Pacific Tea Co.New York Supreme Court · 1961

1 more not listed; retrieve them via the Exa API.

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