Kunz v. Thorp Fire-Proof Door Co.
Supreme Court of Minnesota
Action' in the municipal court of Minneapolis to recover $600 damages for injuries to plaintiff’s'automobile caused by the negligence of defendant’s driver.
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Action' in the municipal court of Minneapolis to recover $600 damages for injuries to plaintiff’s'automobile caused by the negligence of defendant’s driver. The answer interposed a counterclaim fox $300. The case was tried before Charles L. Smith, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony denied defendant’s motion for a directed verdict and a jury which returned a verdict for $200. From that part of the order which denied its motion for judgment notwithstanding the verdict, defendant appealed.
1Opinion of the CourtHallam, J.
This is an action for damages arising out of a collision of automobiles. Plaintiff had a verdict. The court granted a new trial as to the one issue of the responsibility of the defendant for the negligence of the driver of defendant’s ear. Defendant appeals. The appeal raises one question, namely, whether the court should have granted a new trial of the issue of plaintiff’s contributory negligence.
The evidence on behalf of plaintiff is as follows: Plaintiff was driving north on Marshall street, in Minneapolis, and on the right side of the street, at a speed of about 10 miles an hour. When he…
2Cases cited4 opinions
- Rosenau v. PetersonSupreme Court of Minnesota · 1920
- Gibbs v. AlmstromSupreme Court of Minnesota · 1930
- Syck v. Duluth Street Railway Co.Supreme Court of Minnesota · 1920
- Lindahl v. MorseSupreme Court of Minnesota · 1921
3Cited by10 opinions
- Dehaan v. WolffSupreme Court of Minnesota · 1929
- Jimmie Guest Motor Co. v. OlcottCourt of Appeals of Texas · 1930
- Pearson v. NorellSupreme Court of Minnesota · 1936
- Bradley v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1924
- Herndon v. HigdonDistrict of Columbia Court of Appeals · 1943
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