DocketNumber: Nos. 18,862-(112)
Citation Numbers: 127 Minn. 515
Judges: Taylor
Filed Date: 12/18/1914
Status: Precedential
Modified Date: 9/9/2022
Plaintiff is the widow of Henry O. Gronlund, deceased, and the executrix of his estate. Alleging that his death was caused by the negligence of defendants, she brought this suit to recover damages therefor. The trial resulted in a verdict against defendants Mos-berg and the Cudahy Packing Co., but in favor of defendant Louns-berry. Thereafter defendants Mosberg and the Cudahy Packing Co. made a motion for judgment notwithstanding the verdict, and, in case that should be denied, for a new trial. Both motions were denied and they appealed.
The accident happened upon Michigan avenue in the city of Duluth. This street extends east and west and crosses Lake street, at nearly a right angle, underneath a bridge or viaduct which extends the entire width of Lake street. The roadway of Michigan avenue under this bridge is about 32 feet wide between curbs. Defendant Lounsberry was constructing an addition to a large building near by, and had placed a quantity of broken brick, plaster and other refuse from this building under the bridge and along the curb on the south side of Michigan avenue. At the farthest point, this refuse extended into the roadway a distance of 12 or 14 feet from the south curb. The remainder of the roadway, 18 or 20 feet in width, was clear and unobstructed. At the time the accident occurred, Gronlund, driving a one-horse wagon, was proceeding west; along Michigan avenue, and Mosberg, driving a two-horse wagon for the Cudahy Packing Co. was proceeding east. They attempted to pass each other under the bridge and opposite the pile of rubbish above mentioned, but their wagons collided and Gronlund was
In the complaint, Lounsberry is charged with negligence in placing the rubbish in the street; and the packing company and its driver, Mosberg, are charged with negligence in failing to keep to the right of the center of the traveled portion of the street opposite the rubbish; in failing to exercise due care in passing Gronlund’s wagon; in driving at a high and negligent rate of' speed, and in negligently causing the packing company’s wagon to collide with the wagon of Gronlund.
Order affirmed.