Westaway v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, the Chicago, St. Paul, Minneapolis & Omaha Kailroad Company, from an order of the Municipal Court of the City of Duluth, Eric L. Winje, J., made April 5, 1893, denying its motion for a new trial. The plaintiffs, Philip Westaway, Andrew E. Porter and John D. Porter were partners in business and owned a team of horses.
Read the full summary
Appeal by defendant, the Chicago, St. Paul, Minneapolis & Omaha Kailroad Company, from an order of the Municipal Court of the City of Duluth, Eric L. Winje, J., made April 5, 1893, denying its motion for a new trial. The plaintiffs, Philip Westaway, Andrew E. Porter and John D. Porter were partners in business and owned a team of horses. On July 11, 1892, they sent their servant, Eobert McLelland, with this team to get a load of sand from their sand dock on lots seven (7) and eight (8) in block seven (7) in Bay Front Division in Duluth. He drove over the viaduct on Sixth Avenue, just south of…
1Opinion of the CourtVanderburgh, J.
At the time of the accident complained of there wras, and had been for several years, a private crossing over the railway tracks of the defendant and adjacent tracks of other companies near a public street crossing at the place designated in the complaint. This crossing was continually used by plaintiffs’ employes and teams, in the course of their business, with the permission of the defendant. On the particular occasion referred to in the pleadings, while plaintiffs’ team, in charge of an employe, was crossing the tracks, one of defendant’s engines was, as it is alleged, negligently backed…
2Cases cited2 opinions
- Erickson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Sims v. American Steel Barge Co.Supreme Court of Minnesota · 1894
3Cited by6 opinions
- Louisville & Nashville R. R. v. Engleman's Adm'rCourt of Appeals of Kentucky · 1909
- Lando v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1900
- Lundquist v. Duluth Street Railway Co.Supreme Court of Minnesota · 1896
- Midland Valley R. Co. v. ShoresSupreme Court of Oklahoma · 1913
- Graham v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1905
1 more not listed; retrieve them via the Exa API.