Legal Opinion

Boyer v. St. Paul City Ry. Co.

Supreme Court of Minnesota

Decided June 30, 1893PublishedCited by 5 opinions

Appeal by defendants, the St. Paul City Bailway Company and the Minneapolis Street Bailway Company from an order of the District Court of Bamsey County, Chas. E. Otis, J., made January 81, 1893, granting a new trial. The plaintiff, Paul Boyer, a boatman living, at Ashland, Wis., came to St. Paul Saturday, and on next Sunday evening, June 12, 1892, took an electric street car for Minneapolis.

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Appeal by defendants, the St. Paul City Bailway Company and the Minneapolis Street Bailway Company from an order of the District Court of Bamsey County, Chas. E. Otis, J., made January 81, 1893, granting a new trial. The plaintiff, Paul Boyer, a boatman living, at Ashland, Wis., came to St. Paul Saturday, and on next Sunday evening, June 12, 1892, took an electric street car for Minneapolis. When the car was in Washington Street, near the National Hotel in that city, the plaintiff left it, and went around the rear end onto the west track, and was there struck by a Cedar Avenue car going'…

1Opinion of the CourtVanderburgh, J.

This action against the defendants, for a personal injury, sustained by plaintiff, was dismissed at the trial because the court deemed that the plaintiff was clearly shown to be guilty of contributory negligence by the evidence. On a review cf the evidence upon a motion for a new trial the trial court became convinced that the question was one for the jury, and accordingly granted a new trial. The plaintiff, who lived in Wisconsin, was a stranger in the vicinity, and unacquainted with the street-car lines between St. Paul and Minneapolis. On the 12th day of June, 1892, in company with a…

2Cases cited2 opinions

  1. Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
  2. Mercantile National Bank of Cleveland v. ParsonsSupreme Court of Minnesota · 1893

3Cited by5 opinions

  1. Mercantile National Bank of Cleveland v. ParsonsSupreme Court of Minnesota · 1893
  2. Heiden v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1922
  3. Riley v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1900
  4. Gourlay v. Insurance Co. of North AmericaMichigan Supreme Court · 1914
  5. Peterson v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1952

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