Sole v. Minneapolis Street Railway Co.
Sole v. Minneapolis Street Railway Co.
Opinion of the Court
Appeal from an order of the district court denying defendants’ motion for judgment notwithstanding the verdict or for a new trial.
Thirty-eighth street in the city of Minneapolis runs substantially east and west. Nicollet avenue runs north and south. Traffic at the intersection of these two streets, at the time in question, was controlled by a so-called “bobby” signal in the center of the intersection. Two sets of streetcar tracks run along the central portion of Nicollet avenue.
Defendants would have us hold that plaintiff was guilty of contributory negligence as a matter of law in failing to see and avoid the bus. It would serve no useful purpose to set forth in greater detail the evidence in this case. We have carefully examined the record, and it is clear that defendants’ negligence and plaintiff’s contributory negligence were both questions for the jury. We have also carefully considered the cases cited by defendants and are convinced that none thereof compel a conclusion that plaintiff was guilty of contributory negligence as a matter of law.
Affirmed.
Reference
- Full Case Name
- ETHEL F. SOLE AND ANOTHER v. MINNEAPOLIS STREET RAILWAY COMPANY AND ANOTHER
- Status
- Published