McMurray v. Twin City Motor Bus Co.
| Decision Date | 06 December 1929 |
| Docket Number | 27448.,Nos. 27447,s. 27447 |
| Parties | McMURRAY v. TWIN CITY MOTOR BUS CO. (two cases). |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
Appeals from District Court, Ramsey County; Charles Bechhoefer, Judge.
Separate actions by Charles T. McMurray and by Eleanor W. McMurray against the Twin City Motor Bus Company. From an order in each case denying its alternative motion for judgment non obstante or for a new trial, defendant appeals. Affirmed.
Syllabus by the Court
The verdict to the effect that plaintiff Eleanor W. McMurray was injured in consequence of the negligent operation of defendant's bus as she was about to alight therefrom is sustained by the evidence.
If the jerk which caused her to fall was of the character asserted by her, it was not within the rule which exempts carriers from liability from such jerks or lurches as may be expected in starting or stopping the vehicle.
No errors in the charge or refusal to charge. Walsh, Jackson, Walsh & Yackel, of St. Paul, for appellant.
S. A. Anderson, of St. Paul, and Joseph L. Nathanson, of Minneapolis, for respondents.
Two actions were tried together; one brought by Eleanor W. McMurray to recover for injuries sustained in falling as she was about to alight from a bus operated by defendant, the other brought by her husband to recover for the expense incurred by him on account of such injuries. The trial resulted in verdicts for the respective plaintiffs. Defendant appealed in each case from an order denying its alternative motion for judgment non obstante or for a new trial.
Defendant, a common carrier, operates a bus line over certain streets in the cities of Minneapolis and St. Paul for the transportation of passengers. Mrs. McMurray entered a bus in the city of Minneapolis to be carried to the city of St. Paul. When about half a block from her destination, she gave the usual signal that she wished to alight at the next corner. As the bus swung toward the curb and began to slow down, she rose from her seat and stood at the door grasping the handrail with her right hand. The testimony as to what happened is conflicting. She states that the driver opened the door and stopped the bus with such a jerk that she was thrown out through the door upon the sidewalk; that the door was thrown open simultaneously with the jerk and before the bus had come to a full stop. She is corroborated by two 12 years old boys who were on the sidewalk. The driver and three of the four other...
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Ball v. Twin City Motor Bus Co.
...safety, and that omission is a proximate cause of his injury. Gillson v. Osborne, 220 Minn. 122, 19 N.W.2d 1; McMurray v. Twin City Motor Bus Co., 178 Minn. 561, 228 N.W. 154; Leban v. Range Rapid Transit Co., 167 Minn. 40, 208 N.W. 533. Ordinarily, where a passenger slips and falls by reas......
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Swanson v. Minneapolis St. Ry. Co.
...St. Ry. Co., 111 Minn. 271, 126 N.W. 823.9 Wiest v. Twin City Motor Bus Co., 236 Minn. 225, 52 N.W.2d 442; McMurray v. Twin City Motor Bus Co., 178 Minn. 561, 228 N.W. 154. Even Schmeltzer v. St. Paul City Ry. Co., 80 Minn. 50, 82 N.W. 1092, and Wick v. St. Paul City Ry. Co., 104 Minn. 428,......
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Underdahl v. Minneapolis St. Ry. Co.
...jury was the yardstick for determination of liability or lack of such. The cases upon which plaintiff relies, McMurray v. Twin City Motor Bus Co., 178 Minn. 561, 228 N. W. 154, and Bakkensen v. Minneapolis Street Ry. Co., 184 Minn. 274, 238 N. W. 489, are clearly distinguishable from the fa......
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Waterloo Sav. Bank v. Waterloo, Cedar Falls & Northern R. R.
...113 Iowa 675, 83 N.W. 904; Heinze v. Interurban Railway Co., 139 Iowa 189, 117 N.W. 385, 21 L.R.A.,N.S., 715; McMurray v. Twin City Motor Bus Co., 178 Minn. 561, 228 N.W. 154; Cassels v. City of Seattle, 195 Wash. 433, 81 P.2d Wheeler v. Des Moines City Railway Co., 205 Iowa 439, 215 N.W. 9......