144 Minn. 465 | Minn. | 1919
Thejse two actions involve the same facts and were consolidated and tried together. There was a dismissal at the close of the evidence, and plaintiffs appealed from an order denying a new trial.
In our view of the record the trial court properly dismissed the action for want of actionable negligence against defendant. There was no evidence, circumstantial or otherwise, of excessive speed of the street car, and no sufficient evidence that the usual signals were not given of its approach. Plaintiff alone testified that he heard no jsignals. No other witness testified upon the point. And, moreover, it is clear that under the facts presented no particular signal was necessary. The accident occurred in mid-day, and when plaintiff slowed down and stopped his automobile the street car was a few feet distant and coming toward him on the opposite street-car track. Plaintiff must have ¡seen it approaching; if he did not it was because of a failure on his part to exercise a proper degree of care for his own protection. A signal at the time would have been of no benefit, and would have added nothing to the situation which was plainly in the view of both plaintiff and his wife. Medcalf v. St. Paul City Ry. Co. 82 Minn. 18, 84 N. W. 633.
Order affirmed.