Legal Opinion

Youngquist v. Minneapolis Street Railway Co.

Supreme Court of Minnesota

Decided December 13, 1907No. Nos. 15,336—(115)PublishedCited by 5 opinions

Action by the administrator of the estate of Fred Krause, deceased, in the district court for Hennepin county to recover $5,000 for the death of plaintiff’s intestate. The case was tried before John Day Smith, J., and a jury which returned a verdict in favor of plaintiff for $1,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtLewis, J.

Respondent’s intestate, Fred Krause, was injured while riding a bicycle at the intersection of Seventh avenue and Fourth street i,n the city of Minneapolis, by colliding with a repair car which was being operated on appellant’s tracks. A verdict of $1,000 was recovered. It is claimed in this court that it conclusively appears from the evidence that appellant was not negligent in the operation of its car and that the decedent was guilty of contributory negligence.

1. The accident was witnessed by eight or nine different people, occupying different points of view. Some of them were looking out…

2Cases cited4 opinions

  1. Robel v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1886
  2. Smith v. Kingman & Co.Supreme Court of Minnesota · 1897
  3. Smith v. WilsonSupreme Court of Minnesota · 1887
  4. Conron v. HoerrSupreme Court of Minnesota · 1901

3Cited by5 opinions

  1. M'Coullough v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
  2. Falk v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1916
  3. Moore v. PalenSupreme Court of Minnesota · 1949
  4. Gamble v. SmithSupreme Court of Minnesota · 1941
  5. State Ex Rel. Waylander v. QvaleSupreme Court of Minnesota · 1930

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