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Harrington v. Wagner

Supreme Court of Minnesota
Feb 8, 1929
223 N.W. 603 (Minn. 1929)

Opinion

Nos. 27,038, 27,039.

February 8, 1929.

Question of negligence in collision of three automobiles was for the jury.

In a triangle automobile collision the question of negligence was for the jury, and the evidence is sufficient to sustain the verdicts.

Two actions in the district court for Ramsey county to recover damages for personal injuries sustained by plaintiffs, brother and sister, while riding as guests in the car of defendant Georgiana (Mrs. Fred) Hill. The jury returned verdicts of $1,500 and $4,500, respectively, in favor of the plaintiffs Madeline and Kenneth J. Harrington against the defendants Lester A. Wagner and H. M. Anderson; and a verdict in both cases in favor of the defendant Hill. From an order, Hanft, J. denying his alternative motion for judgment or a new trial in each case, defendant Wagner appealed. Affirmed.

Edward P. Kelly, for appellant.

Robertson Burwell, for respondents.



There are two actions. Defendant Wagner has appealed from an order in each case denying his alternative motion for judgment non obstante or a new trial.

These are automobile cases. Both plaintiffs were guests in the car of defendant Hill which was traveling east. Defendant Anderson was driving west. Defendant Wagner was driving his car, following Anderson.

Plaintiffs claim that Anderson and Wagner were driving too fast; that Anderson was negligently on his left side of the road, that his left rear wheel came in contact with the left front wheel of the Hill car causing it to swerve to the north side of the road in front of the Wagner car, which caused damage; that the Wagner car was negligently operated too near the Anderson car; that both Anderson and Wagner operated their cars in violation of L. 1927, p. 563, c. 412, § 3(a) and (b), and § 15(a), 1 Mason Minn. St. §§ 2720-3, 2720-15. The question of negligence was for the jury.

We have carefully examined the record and are of the opinion that both are fact cases and the evidence is sufficient to sustain the verdicts.

Both orders are affirmed.


Summaries of

Harrington v. Wagner

Supreme Court of Minnesota
Feb 8, 1929
223 N.W. 603 (Minn. 1929)
Case details for

Harrington v. Wagner

Case Details

Full title:MADELINE AND KENNETH J. HARRINGTON v. LESTER A. WAGNER AND OTHERS

Court:Supreme Court of Minnesota

Date published: Feb 8, 1929

Citations

223 N.W. 603 (Minn. 1929)
223 N.W. 603

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