104 N.W. 945 (Minn. 1905), 14,477, Teal v. St. Paul City Railway Company
|Docket Nº:||14,477 - (115)|
|Citation:||104 N.W. 945, 96 Minn. 379|
|Opinion Judge:||START, C.J.|
|Party Name:||MARY J. TEAL v. ST. PAUL CITY RAILWAY COMPANY|
|Attorney:||Munn & Thygeson, for appellant. H. A. Loughran and John D. O'Brien, for respondent.|
|Case Date:||December 08, 1905|
|Court:||Supreme Court of Minnesota|
Action in the district court for Ramsey county to recover $5,000 for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $575. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. Affirmed.
Action to recover for personal injuries sustained by a collision between the defendant's street car and the sleith of the plaintiff's husband, in which she was riding and which was drawn by a horse owned and driven by him. Held:
1. The evidence justified the trial court in submitting to the jury the question of the wilful negligence of the defendant, and the court's charge to the jury as to such question, considered as a whole, was free from error.
2. The court did not err in its charge as to the alleged failure of the defendant to sound its gong.
3. The evidence does not show that the plaintiff was guilty of contributory negligence as a matter of law.
On the afternoon of January 16, 1905, at about two o'clock, the plaintiff was riding with her husband upon his invitation in a sleigh drawn by a horse owned by him, which he was driving in an easterly direction along Minnehaha street in the city of St. Paul. While he was attempting to cross East Seventh street near the intersection of Minnehaha and Mendota streets the sleigh was struck by a car of the defendant going easterly on Seventh street, whereby the plaintiff was thrown from the sleigh and injured. This action was brought to recover damages for such injury on the ground that the defendant negligently ran the car over the crossing at a dangerous rate of speed without sounding the [96 Minn. 380] bell or gong, and, further, that the motoneer in charge of the car was guilty of wilful negligence. The jury returned a verdict for the plaintiff in the sum of $575, and the defendant appealed from an order denying its motion for judgment notwithstanding the verdict or for a new trial. We consider only the assignments of error urged in the defendant's brief.
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