141 Minn. 457 | Minn. | 1919
Plaintiff recovered a verdict of $500 for injuries to himself and damages to his automobile in a collision with one of defendant’s street cars. Defendant made' an alternative motion for judgment notwithstanding the verdict, or for a new trial, and appealed from an order denying the motion.
Defendant’s evidence tended to show that its street car was operated without negligence and that the accident resulted from reckless driving by plaintiff, but, as the jury have found for plaintiff, we must accept plaintiff’s version of how the accident happened.
Concord street, extending in a northerly and southerly direction, is the principal thoroughfare between the city of South St. Paul and the city of St. Paul. Defendant operates a double track street-car line between the two cities. North bound cars run on the east track; south bound cars on the west track. From South St. Paul north for a mile or more the street car tracks are in Concord street; they then leave the street and run for some distance on a private right of way which defendant has acquired on the east side of the highway. Vehicles proceeding north on the right hand or east side of the street cross the car tracks diagonally near the point where the tracks leave the street.
On the evening of November 1, 1916, plaintiff, a resident of South St. Paul, left that place in his automobile and drove north along the east side of Concord street nearly to the point where the travel on that side of the street turns westerly across the car tracks. Seeing a south bound car approaching on the west track, he turned toward the tracks in an attempt to cross them before the car reached him. He did not
Order reversed and judgment directed for defendant.