Baly v. St. Paul City Ry. Co.

Decision Date19 June 1903
Docket NumberNos. 13,476-(116).,s. 13,476-(116).
PartiesAMELIA M. BALY v. ST. PAUL CITY RAILWAY COMPANY.<SMALL><SUP>1</SUP></SMALL>
CourtMinnesota Supreme Court

Lawler & Arnold, for appellant.

Munn & Thygeson, for respondent.

LOVELY, J.

Plaintiff brings this action, as administratrix, to recover for the death of her husband, who was fatally injured by one of defendant's street cars in the city of St. Paul on July 31, 1901. At the close of plaintiff's evidence the cause was dismissed by the court upon defendant's motion. This appeal is from an order overruling a motion for a new trial.

A brief summary of the evidence discloses the following facts, which must be accepted as the basis of our conclusions upon this review: Plaintiff's intestate was a gentleman sixty years of age, having the faculties of sight and hearing of his years. He was standing on the sidewalk near the Astoria Hotel, on the east side of Wabasha street, about eleven o'clock of a bright, clear day, with nothing save the passing street cars to interfere with his vision of objects on the street. His position was near the middle of the block, and equidistant between the crossings of Fifth and Sixth streets. From this point he started to go diagonally across the street in a southwesterly direction to the old post-office building. To do this he was required to pass over two street car tracks, the easterly one being twenty-two feet from the sidewalk curbs of Wabasha street, on both of which cars were continually moving. At the time he started forward there was a Stillwater car approaching on the west track from the north, one hundred fifty feet distant, and coming at a much higher rate of speed than was allowed by the ordinances of the city.

The only substantial testimony describing the movements of intestate was from a witness (Larson) who was standing at the old post-office building. He saw him, just after leaving the curb, move at a moderate pace towards the post office in a very deliberate manner, without glancing to the north at all, at the same time this witness observed the approaching car. Intestate seemed to be quite oblivious of his surroundings. He paid no attention whatever to the approaching car, although he could have easily seen it had he turned his head for an instant towards the north. Larson was impressed with the peril which intestate was evidently incurring, and attempted to attract his attention by hallooing, but this had no effect whatever, for he continued to go forward, passing the east track, and, as he stepped upon the west one, on which the Stillwater car was then rushing forward, it struck and threw him upon its fender, inflicting such injuries that he died therefrom. The evidence would have justified the conclusion that the car was running at an excessive and illegal rate of speed, and it was probably a question for the jury whether its gong had been previously sounded, although upon the entire record the testimony largely preponderates to show that this precaution had been exercised by the motorman.

The trial court was of the opinion that intestate displayed that want of ordinary care required of...

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16 cases
  • Bremer v. St. Paul City Ry. Co.
    • United States
    • Minnesota Supreme Court
    • March 12, 1909
    ...attempt to cross the tracks so close in front of a moving car as to render a collision probable. See, for example, Baly v. St. Paul City Ry. Co., 90 Minn. 39, 42, 95 N. W. 757; Bresee v. Los Angeles, 149 Cal. 131, 85 Pac. 152, 5 L. R. A. (N. S.) The general rule is none the less certain tha......
  • Bremer v. St. Paul City Ry. Co.
    • United States
    • Minnesota Supreme Court
    • March 12, 1909
    ...will attempt to cross the tracks so close in front of a moving car as to render a collision probable. See, for example, Baly v. Railway Co., 90 Minn. 39, 42, 95 N. W. 757;Bresee v. L. A. T. Co., 149 Cal. 131, 85 Pac. 152,5 L. R. A. (N. S.) 1059. The general rule is none the less certain tha......
  • Syck v. Duluth St. Ry. Co.
    • United States
    • Minnesota Supreme Court
    • June 11, 1920
    ...are in duty bound to use their eyes to observe the condition of the travel along that street from both directions. Baly v. St. Paul City Ry. Co., 90 Minn. 39, 95 N. W. 757; Bartroot v. St. Paul City Ry. Co., 125 Minn. 308, 146 N. W. 1107. Having reached the conclusion that plaintiff's contr......
  • Syck v. Duluth Street Ry. Co.
    • United States
    • Minnesota Supreme Court
    • June 11, 1920
    ...are in duty bound to use their eyes to observe the conditions of the travel along that street from both directions. Baly v. St. Paul City Ry. Co. 90 Minn. 39, 95 N. W. 757; Bartroot v. St. Paul City Ry. Co. 125 Minn. 308, 146 N. W. Having reached the conclusion that plaintiff's contributory......
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