54 Minn. 504 | Minn. | 1893
This was an action to recover damages for the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence. At the time of his death, the deceased was employed by defendant as a motoneer on one of its electric cars, and the accident was occasioned by the “bucking” of the car, (suddenly coming to a halt, and as suddenly starting up,) which threw the deceased over the dashboard to the ground in front, and the car quickly ran over and killed him.
The negligence charged is that the bucking of the car was caused by its defective condition, of which the defendant had previous notice, and yet failed to exercise reasonable care to remedy the defect, but negligently continued to use the car, notwithstanding its known defective and dangerous condition. On the merits of the case, we are satisfied that the evidence abundantly justified the jury in finding that the defendant corporation was guilty of negligence in causing this car to be used. It had frequently bucked
We do not deem it necessary to discuss or even to refer to all of defendant’s numerous assignments of error, numbering fifty-four, but shall simply speak specifically of those which are considered most important. The remainder may be dismissed with the statement that we do not regard them as well taken.
The testimony of the witness Batsford as to what the defendant’s foreman said when he reported the car as bucking was admissible for the purpose of showing notice to the foreman of the defective condition of the car, and that the last-named person clearly understood the notice which Batsford had given him.
The witnesses whose evidence is referred to in the ninth to twelfth assignments of error, inclusive, were not, strictly speaking, ■examined as experts, but simply as men who had practical experience in operating electric cars, and they were asked, from their actual experience, the effect of weak fields in burning out armatures. This evidence was admissible, and was quite as reliable and persuasive as that of mere theorists, called “experts.”
In view of the gre,at latitude given a trial judge in the admission of expert testimony, and to the almost conclusive effect ordinarily given to his decision upon the preliminary question of qualification of witnesses, we think that assignments of error mentioned, from fourteen to eighteen, inclusive, are without merit.
The twenty-second and twenty-third specifications of error relate to the action of the court in permitting an expert witness, Shep-
An answer to the question to the witness Stearns, namely, “State whether or not, in your opinion, the inspection which the company gave to the car at the time before the accident was the proper and usual inspection,” was properly excluded, because it did not appear on what basis of facts the witness was called on to' express an opinion, and, again, because the question involved the ultimate fact which the jury were to decide.
As- to the subject to which defendant’s eighth request related, the court had correctly and sufficiently instructed in its general charge.
The most important and plausible objection made by counsel to the action of the court in its presentation of the case to the jury is with respect to its refusal to charge that there was no •evidence in the case that defendant was negligent in failing to
Taking the charge as an entirety, the jury could not have misunderstood or have been misled by that portion complained of in> the forty-fifth assignment of error. What the court meant, evidently, and what the jury must have understood by it, was not that it was the absolute duty of the defendant company to provide safe and suitable appliances and machinery, but merely that it was required to exercise reasonable care or diligence to do so,, and that for negligence in this respect it would be liable in damages...
Order affirmed.