Zickrick v. Strathern

Stone, Justice.

Two cases, consolidated for trial, with verdicts for defendant. Plaintiffs’ motions for new trial were granted solely because of an instruction held error. Defendant appeals.

Paved, three-lane trunk highway No. 5 extends westerly from Fort Snelling. It is intersected at right angles by roads which are projections southward of Minneapolis streets. One of them is Penn avenue. The adjacent terrain is level and the view unobstructed except in respects to be mentioned later.

At about ñve p. m., October 14, 1939, plaintiffs, as guests of Mrs. Jessie Smith, were passengers in the car…