47 Minn. 468 | Minn. | 1891
The'plaintiff’s right to recover in this action depends upon the sufficiency of the evidence to sustain the allegation in his complaint that defendant corporation was negligent in its operation of one of its cars drawn by a pair of horses, the driver thereof being the only employe with the car. The accident which resulted in the death of plaintiffs intestate, Maidie Blees by name, a girl aged 17 months, occurred on Wabasha street, St. Paul, at a point nearly opposite the house in which her parents resided, about midway between College avenue and Tenth street. The car was going south upon the westerly rails of a double track, down hill, the descent being about feet to the block of 300 feet, and the horses were trotting at the rale of at least 5 miles an hour, — a rate of speed which would cause them to cover the block of 300 feet in less than two-thirds of a minute. There were several passengers on the car, but, so far as appeared on the trial, none of them witnessed the accident. One wit
Now, from this version of the circumstances, coming from the lips of the defendant’s driver, and for whose negligence it is responsible, and from his other statement, we think it very clearly appears that soon after crossing College avenue his attention was directed from his team, and from the public thoroughfare in his front, to the left and to the rear platform, so that he was unable to see the child approaching from the walk, upon his right, until it was almost under the car. While his horses were trotting at a sharp pace down hill and for some distance he was not in a position to see what was transpiring in front, or upon his right, until it was too late to avert the accident. The child, after stepping from the walk, went at least 13 feet in plain sight before it was knocked down, and the distance covered by the horses in the same period of time, during which the driver could have seen it approaching, had he looked, depends entirely upon the rapidity of the child’s movements as compared with the speed of the team. It is safe to say that a pair of horses, trotting at the rate these were, would travel 4 or 5 times faster than a child aged 17 months, and therefore the car must have been from 50 to 65 feet north of the point of collision when the child left the sidewalk; and the car could have been stopped with ease in one-third of this dis
There is nothing in the claim that the child’s parents were guilty of contributory negligence. She was not permitted to go upon the-street unattended. But a few minutes before the accident she had been brought down-stairs by her mother, and seated in the dining-room with a piece of bread in her hands. That she made her escape from the house by way of an open front door, not to exceed five minutes before the car ran her down, was made evident by the testimony of several witnesses. There was no negligence on the part of her parents, unless we are to declare that it is negligence for parents, with small children to leave them for a moment without first closing all outside doors.
Order affirmed.