106 Minn. 257 | Minn. | 1908
Respondent recovered a verdict in the court below for $225 for injuries which she claimed to have sustained in being struck by an automobile, driven by appellant, while she was in the act of boarding a street car in the city of Minneapolis. Appeal was taken from an order denying appellant’s motion for judgment notwithstanding the verdict.
Appellant testified; and he was corroborated by a man who was riding with him, that upon reaching the Second street crossing, he slackened his speed to two or three miles an hour; that he saw the street car, which he said was running along about parallel to him; that as he passed over Second street he saw a group of people going from the curb towards the car tracks; that he turned his machine a little bit towards the curb, so that the nearest wheel was within four or five feet of it; that he was far enough away from the car tracks to permit the party to pass between the machine and the car tracks, but that as he got close to them respondent, having lagged behind the oth■ers, did not keep straight ahead, but turned towards the automobile; that he immediately applied both brakes, but struck her while running very slowly; and that the machine came to a stop at a point •probably one or two feet beyond where the collision occurred. Appellant testified that he sounded the horn, and when he became, aware •that a collision would probably occur, he adopted the quickest and ■safest method of avoiding it, viz., by using the brakes and'"stopping •.the car.
As to the conduct of appellant in driving his automobile, we are also compelled to accept the version of respondent and her witnesses. According to their testimony, his machine collided with respondent while she was within three or four feet of the approaching street car. If this was the fact, then he might have avoided a collision by turning towards the curb. That he slackened the speed of his machine to two miles an hour is not a complete defense. The question is, did be exercise ordinary care in avoiding a collision? According to respondent’s theory of the facts, appellant might have avoided it by turning out of the way, or stopping in time. His conduct must be measured by the usual standard: Could he have avoided the collision 'by the exercise of ordinary care? The jury decided that he could, and the contrary does not conclusively appear from the evidence.
The amount of damages would seem to be ample, but it is not so
Affirmed.