38 Minn. 485 | Minn. | 1888
Action for an injury caused by the defendant negligently driving his buggy against plaintiff. At the close of plaintiff’s evidence, the court below dismissed the action, on the ground that plaintiff’s own negligence contributed to bring about the injury. The plaintiff, carrying his dinner basket, and on his way to his home, entered a street car on Twentieth avenue north, in the city of Minneapolis. Finding he was on the wrong car, he immediately left it, while it was going rapidly, intending to take another car. In leaving it, he dropped some articles from his basket upon the ground, and at once went back, walking along the street-railway track, picking up the dropped articles, and without looking behind him, when the defendant, who was in his buggy, driving rapidly along the street towards him from the direction behind him, drove so that the buggy-wheel struck plaintiff’s leg, and broke it. Plaintiff did not see the horse or buggy till he was struck, nor did he . look in the direction from which it came, after he let go of the street car. The court below held that to go along the street picking up the articles he had dropped, without looking to see if any vehicle might be coming along the street behind him, was so clearly negligence that there was no question upon it for the jury to pass upon.
In this the court erred. It cannot be laid down as a rule that in all cases, without regard to the extent to which the street is us
Order reversed.