Dunkelbeck v. Meyer
Supreme Court of Minnesota
Action in the district court for Blue Earth county to recover $2,070 for injuries to persons and property received in collision with defendant’s automobile. The answer alleged plaintiff’s contributory negligence. The case was tried before Comstock, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $300. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied.
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Action in the district court for Blue Earth county to recover $2,070 for injuries to persons and property received in collision with defendant’s automobile. The answer alleged plaintiff’s contributory negligence. The case was tried before Comstock, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $300. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the order denying his motion for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
1. Plaintiff was driving on a public highway with a horse and top buggy. Defendant passed from behind in an automobile. As defendant turned into the road after passing, some poles he carried in his automobile struck plaintiff’s horse causing the horse to run away and injure plaintiff and damage his buggy. The jury returned a verdict for plaintiff in the sum of $300.
The evidence amply sustains a finding that defendant was negligent. He turned back into the road too abruptly. He complains that plaintiff hugged the center of the road, gave him no room, and that an obstruction by the roadside…
2Cases cited1 opinion
- Daly v. CurrySupreme Court of Minnesota · 1915
3Cited by9 opinions
- Patterson v. KerrNebraska Supreme Court · 1934
- Aasen v. AasenSupreme Court of Minnesota · 1949
- Lyerly v. GriffinSupreme Court of North Carolina · 1953
- Sanchez v. WaldrupSupreme Court of Minnesota · 1965
- Swinkels v. Wisconsin Michigan Power Co.Wisconsin Supreme Court · 1936
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