Offerman v. Yellow Cab Co., Inc.
| Decision Date | 09 January 1920 |
| Docket Number | 21,606 |
| Citation | 175 N.W. 537,144 Minn. 478 |
| Parties | JOHN N. OFFERMAN v. YELLOW CAB COMPANY, INC |
| Court | Minnesota Supreme Court |
Action in the district court for Hennepin county to recover $10,000 for personal injuries. The answer alleged that the collision between plaintiff and defendant's taxicab was due solely to plaintiff's carelessness and negligence. The case was tried before Steele, J., who when plaintiff rested denied defendant's motion to dismiss the action and at the close of the testimony its motion for a directed verdict, and a jury which returned a verdict for $1,200. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. Affirmed.
Negligence of cab driver -- contributory negligence -- damages.
Late at night plaintiff walked south along the west side of Washington avenue in Minneapolis and crossed to the south curb of Fourth avenue which crosses Washington avenue at right angles. He then turned around and started back toward the north curb of Fourth avenue. After turning he saw defendant's cab on Washington avenue, 30 feet north of the street intersection, proceeding south. He did not look again and did not hear any warning signal until he was struck by it. The driver claimed he sounded his horn as he approached the corner. Held:
(1) The evidence made the questions of defendant's negligence and plaintiff's contributory negligence for the jury. The court cannot say as a matter of law that plaintiff, hearing no warning as he testified, was negligent in assuming that the cab would continue in the direction it was going when he saw it.
(2) As the cab was not coming toward plaintiff when he saw it and he did not see it after it turned in his direction, it does not follow that failing to sound the horn was not the proximate cause of the accident. The court did not err in charging the jury that, if the driver failed to sound his horn on approaching plaintiff, he was chargeable with negligence in failing to comply with this statutory requirement.
(3) The verdict of $1,200 was not excessive. [Reporter.]
L. O Rue, for appellant.
Tautges Bruce, Bissell & Wilder, for respondent.
Plaintiff recovered a verdict for personal injuries sustained in a collision with one of defendant's taxicabs at a street intersection in the city of Minneapolis, and defendant appealed from an order denying its alternative motion for judgment or for a new trial.
Washington avenue and Fourth Avenue South intersect at right angles. Late at night on October 26, 1918, plaintiff walked south along the west side of Washington avenue until he reached the curb on the south side of Fourth avenue and then turned around and started back toward the sidewalk on the north side of...
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