Finley v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Freeborn county, Wbytock, J., denying its motion for a new trial after a verdict for $1,100 in favor of plaintiff. The doctrine of imputable negligence is based upon the relation or status of the parties with reference to whom it applies.
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Appeal by defendant from an order of the district court for Freeborn county, Wbytock, J., denying its motion for a new trial after a verdict for $1,100 in favor of plaintiff. The doctrine of imputable negligence is based upon the relation or status of the parties with reference to whom it applies. It may be conceded that in accordance with the general rule the negligence of the driver of a private vehicle, over whom the passenger has no control and between whom and the passenger there does not exist the relation of master and servant, is not imputed to the passenger. As the relation between…
1Opinion of the CourtCanty, J.
Plaintiff was riding with her husband in his wagon drawn by his horses, which he was driving. He sat beside her in the wagon seat, and, as he attempted to drive across the railroad track of defendant on a grade crossing, the wagon was struck by defendant’s engine, *474and plaintiff was thrown out and injured. She brought this action to recover damages for the injury, on the trial had a verdict, and from an order denying a new trial defendant appeals.
The collision occurred at the village of Alden, in Freeborn county. The wagon road extends north and south, and the railroad east and west, through…
2Cases cited1 opinion
- Howe v. Minneapolis, Saint Paul & Sault Sainte Marie Railway Co.Supreme Court of Minnesota · 1895
3Cited by15 opinions
- Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Cunningham v. City of Thief River FallsSupreme Court of Minnesota · 1901
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Brubaker v. Iowa CountyWisconsin Supreme Court · 1921
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