Sahlgaard v. St. Paul City Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, the St. Paul City Railway Company, from an order of the district court, Ramsey county, Otis, J., made May 9, 1891, refusing a new trial.
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Appeal by defendant, the St. Paul City Railway Company, from an order of the district court, Ramsey county, Otis, J., made May 9, 1891, refusing a new trial. Action brought by Hagbarth Sahlgaard, as administrator of the estate of John Swainson, deceased, against the St. Paul City Bail-way Company, a corporation, to recover damages for negligently causing Swainson’s death, January 10, 1890. Deceased' resided in St. Paul, Minn., was a real-estate broker 72 years old, in sound health, well educated, industrious, and earning about $2,000 a year.. He left him surviving his widow, dependent on him…
1Opinion of the CourtYanderburgh, J.
This case turns chiefly upon questions of fact. The charge is that the defendant negligently started up the street car which plaintiff’s intestate was attempting to enter, and that, as a result of such negligence, he was thrown down, run over, and fatally injured. The answer alleges that the accident was occasioned by the negligence of the deceased in attempting to board the car while in motion, and that the defendant used proper diligence to prevent injury to him by stopping the car, but that, through his own negligence, and without any fault or negligence of the defendant, he slipped and…
2Cases cited2 opinions
- Eppendorf v. . B.C. and N.R.R. Co.New York Court of Appeals · 1877
- Jones v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1889
3Cited by9 opinions
- Cicero & Proviso Street Railway Co. v. MeixnerIllinois Supreme Court · 1896
- North Chicago Street Railroad v. WiswellIllinois Supreme Court · 1897
- Garvey v. Rhode Island CompanySupreme Court of Rhode Island · 1904
- Eikenberry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Butler v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1894
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