137 Minn. 198 | Minn. | 1917
Action for personal injuries claimed to have been suffered by plaintiff by reason of the alleged negligence of defendant. Plaintiff had a verdict and defendant appealed from an order denying^ a new trial.
The assignments of error present the question whether the evidence is sufficient to justify a finding of negligence on the part of defendant and to exonerate plaintiff from the charge of contributory negligence. An examination of the record leads to an affirmative answer to the question.
The record presents evidence from which the jury might find the following facts: Plaintiff had alighted from a street ear at the corner of Washington avenue and First street south in Minneapolis, a populous part of the city where there is much street car and other traffic, on the early morning of December 21, 1915, and as he passed around the rear end of the ear was struck and injured by an automobile operated by defendant. There is no dispute as to the time, the place or manner of plaintiff’s injury, though there is a controversy in the evidence upon other points. The street car made what is known as a "near side stop,’’ and plaintiff passed around the rear end of the car intending to cross
The law applicable to the facts, as necessarily found by the jury, is clear. Defendant as he approached the standing street car, at the regular stopping place, was bound to have his automobile under control, and give the usual signals of -approach, in anticipation of the probable sudden appearance of persons passing around the rear end of the street car. The case is no different from what it would have been had plaintiff been struck and injured by a street car, -approaching without warning at a high rate of speed upon the adjoining track, and from the direction in which defendant came with his automobile. In such a
Order affirmed.