Strutzel v. St. Paul City Railway Company
| Decision Date | 22 December 1891 |
| Citation | 50 N.W. 690,47 Minn. 543 |
| Parties | John Strutzel, Administrator, v. St. Paul City Railway Company |
| Court | Minnesota Supreme Court |
Appeal by defendant from an order of the district court for Ramsey county, Kerr, J., presiding, refusing a new trial after verdict of $ 2,300 for plaintiff, in an action for negligence causing the death of plaintiff's intestate, Homer Strutzel, a child of the age of 5 years and 10 months.
Order affirmed.
Henry J. Horn, for appellant.
Butts & Jaques, for respondent.
This action is prosecuted by an administrator, under the statute to recover damages for injuries caused by the alleged negligence of the defendant, and resulting in the death of the intestate. The plaintiff recovered a verdict, and the defendant has appealed from an order refusing a new trial.
It is contended that the evidence did not show negligence on the part of the defendant, especially because the deceased unlawfully put himself in the place of danger, and it is urged that the plaintiff owed to him no duty of watchfulness to avoid the accident which followed. A brief statement of the facts, as we must suppose them to have been found by the jury, will show that in this respect the case was a proper one for the determination of the jury. In this statement we embrace together facts which were undisputed, and such as were so far supported by the evidence that the jury might deem them to have been as here indicated. The boy who was injured was of the age of 5 years and 10 months. He lived with his parents in a house situate on the north side of Rondo street, the course of which street is east and west. Along this street ran the defendant's street-cars, drawn by horses. About 90 feet east of the house, Rondo street is crossed by Arundel street, running north and south. From the south, Arundel street descends in a considerable declivity to Rondo street. In the winter-time boys used to come here and slide down this hill into Rondo street, and across the car tracks. They had been doing so for some days prior to the accident. The driver who was managing the car by which this boy was injured was accustomed to pass this point about every hour of the day. This use of the street by the boys was unlawful, as the jury were informed. The accident occurred in the daytime. As the street-car was approaching this crossing from the west, the boy was sliding down the hill on the sidewalk on the west side of Arundel street, lying down upon his sled, his head to the front. The land lying between the car and the boy, and fronting on Rondo and Arundel streets was vacant for a distance (from the intersection of the streets) of about 100 feet on Rondo street and about 180 feet on...
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