Balt v. St. Paul City Railway Co.
Supreme Court of Minnesota
Appeal' by plaintiff from an order of the district court for Ramsey county, Otis, J., denying a motion for a new trial. Failure to look before crossing a street-car track is not as a matter of law negligence. Shea v. St. Paul City Ry. Co., 50 Minn. 395; Watson v. Minneapolis St. Ry. Co., 53 Minn. 551; Kennedy v. St. Paul City Ry.
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Appeal' by plaintiff from an order of the district court for Ramsey county, Otis, J., denying a motion for a new trial. Failure to look before crossing a street-car track is not as a matter of law negligence. Shea v. St. Paul City Ry. Co., 50 Minn. 395; Watson v. Minneapolis St. Ry. Co., 53 Minn. 551; Kennedy v. St. Paul City Ry. Co., 59 Minn. 45; Holmgren v. Twin City R. T. Co., 61 Minn. 85. The defendant was guilty oí wilful and wanton negligence and the' contributory negligence of plaintiff’s intestate, if any', was not the cause of the injury, and plaintiff is entitled to recover.…
1Opinion of the CourtLovely, J.
Plaintiff brings this action, as administratrix, to recover for the death of her husband, who was fatally injured by one of defendant’s street cars in the city of St. Paul on July 31, 1901. At the close of plaintiff’s evidence the cause was dismissed by the court upon defendant’s motion. This appeal is from an order overruling a motion for a new trial.
A brief summary of the evidence discloses the following facts, which must be accepted as the basis of our conclusions upon this review: Plaintiff’s intestate was a gentleman sixty years of age, having the faculties of sight and hearing of his…
2Cases cited7 opinions
- Terien v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
- Lando v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1900
- Olson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1901
- Russell v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1901
- Walker v. St. Paul City Railway Co.Supreme Court of Minnesota · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stallman v. SheaSupreme Court of Minnesota · 1906
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Syck v. Duluth Street Railway Co.Supreme Court of Minnesota · 1920
- Rawitzer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1904
- O'Brien v. St. Paul City Railway Co.Supreme Court of Minnesota · 1906
3 more not listed; retrieve them via the Exa API.