Legal Opinion

Mahoney v. Maxfield

Supreme Court of Minnesota

Decided November 22, 1907No. Nos. 15,415—(102)PublishedCited by 7 opinions

Action in the district court for Mower county to recover $1,000 for personal injuries. alleged to have been caused by the negligent driving of defendant’s automobile. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $750. From an order denying his motion for a new trial, defendant appealed.

1Opinion of the CourtElliott, J.

In an action to recover damages alleged to have been caused by the negligence of the operator of an automobile upon a public highway in failing to stop the automobile upon being signaled to do so, as required by section 2, c. 356, p. 646, Laws 1903, the court instructed the jury that the statute required the operator to stop the motive power, as well as the vehicle. As it was conceded that the plaintiff was thrown out of her buggy and injured, and that the defendant did not stop the motive power, as well as the vehicle, the instruction was prac*378tically equivalent to a direction to return a…

2Cases cited5 opinions

  1. Christy v. ElliottIllinois Supreme Court · 1905
  2. House v. CramerSupreme Court of Iowa · 1907
  3. Strand v. Grinnell Automobile Garage Co.Supreme Court of Iowa · 1907
  4. McCummins v. StateWisconsin Supreme Court · 1907
  5. Murphy v. WaitAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by7 opinions

  1. Schaar v. ConforthSupreme Court of Minnesota · 1915
  2. Commonwealth v. NolanCourt of Appeals of Kentucky · 1920
  3. Gutterson v. PearsonSupreme Court of Minnesota · 1922
  4. Helena v. DunlapSupreme Court of Arkansas · 1912
  5. Messer v. BrueningNorth Dakota Supreme Court · 1913

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