Chicago, St. Paul & Kansas City Ry. Co. v. Chicago, Milwaukee & St. Paul Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, the Chicago, Milwaukee and St. Paul Railway Company, from an order of the District Court of Ramsey County, Hascal R. Brill, J., made August 23,1893, denying its motion for a new trial. On October 29, 1891, at four o’clock in the morning, a collision occurred at the grade crossing in Taopi, Mower County, between the north bound passenger train of the Chicago, St. Paul and Kansas City Railway Company and the west bound freight train of the defendant.
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Appeal by defendant, the Chicago, Milwaukee and St. Paul Railway Company, from an order of the District Court of Ramsey County, Hascal R. Brill, J., made August 23,1893, denying its motion for a new trial. On October 29, 1891, at four o’clock in the morning, a collision occurred at the grade crossing in Taopi, Mower County, between the north bound passenger train of the Chicago, St. Paul and Kansas City Railway Company and the west bound freight train of the defendant. The damage to plaintiff’s train was $1,619.76 and to defendant’s, $2,093.77. There was a contract between the two…
1Opinion of the CourtBuck, J.
This is a controversy between two railway companies, and the suit seems to be in the nature of a double action, each seeking to recover damages against the other; the plaintiff demanding judgment against the defendant for the sum of $1,619.76 and interest as damages, and the defendant demanding judgment against the plaintiff for $2,093.77 and interest as damages. The amount of damages is not contested.
It is the right of each party to recover at all that is in controversy.
The lines of the respective parties cross each other at right angles between the stations called Taopi and Adams, in this…
2Cases cited1 opinion
- Benson v. MillerSupreme Court of Minnesota · 1894
3Cited by1 opinion
- Thompson v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Minnesota · 1896