Fairchild v. Fleming
Supreme Court of Minnesota
Action in the district court for Blue Earth county to recover $25,-000 for personal injury received while a passenger for hire in defendant’s automobile. In his answer defendant alleged that he was not engaged in the business of a common carrier and that he carried plaintiff as an accommodation. The case was tried before Pfau, J., and a jury which returned a verdict for $4,600 in favor of plaintiff.
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Action in the district court for Blue Earth county to recover $25,-000 for personal injury received while a passenger for hire in defendant’s automobile. In his answer defendant alleged that he was not engaged in the business of a common carrier and that he carried plaintiff as an accommodation. The case was tried before Pfau, J., and a jury which returned a verdict for $4,600 in favor of plaintiff. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
On October 4, 1912, plaintiff while riding in an automobile owned and driven by defendant, was thrown out and seriously injured. He sued, alleging that defendant’s negligence caused the injury, and recovered a verdict. This appeal is from the order denying a new trial.
These appear to be undisputed facts': Defendant was the owner of a 30 horse-power touring car in which he, for a small consideration, occasionally took his friends out on business or pleasure trips. Plaintiff, a friend and acquaintance of long standing, was in the real estate business, and had employed defendant a few times to…
2Cases cited8 opinions
- Atchison, Topeka, & Santa Fe Railway Co. v. CalhounSupreme Court of the United States · 1909
- Anderson v. SettergrenSupreme Court of Minnesota · 1907
- Rosse v. St. Paul & Duluth Railway Co.Supreme Court of Minnesota · 1897
- Bibb Broom Corn Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Minnesota · 1905
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Schaar v. ConforthSupreme Court of Minnesota · 1915
- Wilson v. MoudyCourt of Appeals of Tennessee · 1938
- Anderson v. AndersonSupreme Court of Minnesota · 1933
- Bona v. Thomas Auto Co.Supreme Court of Arkansas · 1919
- Gowan v. McAdooSupreme Court of Minnesota · 1919
11 more not listed; retrieve them via the Exa API.