Legal Opinion

State v. Overby

Supreme Court of Minnesota

Decided December 22, 1911No. Nos. 17,434—(5)PublishedCited by 1 opinion

Defendant, conductor of a street car, was prosecuted in the municipal court of Minneapolis for the offense of overcrowding a street car, contrary to the ordinance of that city.

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Defendant, conductor of a street car, was prosecuted in the municipal court of Minneapolis for the offense of overcrowding a street car, contrary to the ordinance of that city. At the close of the trial, defendant’s motion to dismiss the prosecution, for the reason that there was no evidence of passengers boarding the interurban car within the city limits, except the two police officers who made the arrest, and that the officers were not passengers, was denied by Montgomery, J., who found defendant guilty and imposed a fine of five dollars, and dismissed the case against the motorman, on the…

1Opinion of the CourtStart, C. J.

The defendant, a conductor of the Minneapolis Street Railway Company, was found guilty in the municipal court of the city of *305Minneapolis of unlawfully admitting an excess of passengers into a street car of the company operated by him, contrary to the service ordinance of the city. Thereupon the court adjudged him guilty of the offense, and that as punishment therefor he pay a fine of five dollars. He appealed from the judgment.

The assignments of error raise the general question whether the evidence was sufficient to sustain the conviction.

There was evidence tending to show that two policemen…

2Cases cited1 opinion

  1. City of Winona v. BurkeSupreme Court of Minnesota · 1876

3Cited by1 opinion

  1. State v. KusickSupreme Court of Minnesota · 1921

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