Flygen v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $25,000 for personal injuries. The complaint set out the ordinance of the city of Minneapolis requiring railway companies to maintain safety gates on streets crossing the tracks during the hours stated in the opinion, and the ordinance of the same city prohibiting a greater speed of train than six miles an hour, except where all street crossings are provided with gates and a gatekeeper or watchman, and defendant’s…
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Action in the district court for Ramsey county to recover $25,000 for personal injuries. The complaint set out the ordinance of the city of Minneapolis requiring railway companies to maintain safety gates on streets crossing the tracks during the hours stated in the opinion, and the ordinance of the same city prohibiting a greater speed of train than six miles an hour, except where all street crossings are provided with gates and a gatekeeper or watchman, and defendant’s negligence in failing to maintain a flagman or watchman at the place of the accident and in running its trains at a high…
1Opinion of the CourtLewis, J.
Defendant’s tracks cross Sixteenth Avenue South in a residence district of the city of Minneapolis at an angle of forty-five degrees. There are five parallel tracks, and they take up most of the street. A city ordinance required the maintenance and operation of safety gates at the crossing and a gatekeeper or watchman to be on duty from seven a. m. to twelve p. m. About ten p. m. October 11, 1909, plaintiff, a laborer fifty-seven years of age, approached the crossing on the easterly sidewalk walking towards his home, and according to his testimony found the gates up, but he saw no watchman.…
2Cases cited3 opinions
- Illinois Central Railroad v. SheegogSupreme Court of the United States · 1909
- Lathrop, Shea & Henwood Co. v. Interior Construction & Improvement Co.Supreme Court of the United States · 1909
- Stegner v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1905
3Cited by7 opinions
- Piche v. HalvorsonSupreme Court of Minnesota · 1937
- Haugen v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1916
- Greenfield v. Terminal Railroad Ass'nAppellate Court of Illinois · 1937
- Lang v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1912
- Martin v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
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