Woodring v. City of Duluth

Matson, Justice.

Appeal from a judgment for the plaintiff in a personal injury action. Originally the appeal was erroneously taken from the order denying defendant’s motion for judgment non obstante, a nonappealable order (Jaffa v. Libman, 152 Minn. 553, 189 N. W. 408), but, upon stipulation of the parties, judgment was subsequently entered and the appeal perfected therefrom. Thereupon the case was sub mitted' to this court for determination upon the record and briefs filed in connection with the original appeal.

On the afternoon of December 15, 1948, plaintiff, an elderly woman and a resident…