Legal Opinion

Akers v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Supreme Court of Minnesota

Decided October 26, 1894No. 8871PublishedCited by 28 opinions

Appeal by plaintiff, Charles N. Akers, as administrator of the estate of Frank A. Erling, deceased, from an order of the District Court of Eamsey County, J. J. Egan, J., made February 17, 1894, denying his motion for a new trial. Erling was killed November 10, 1890, between eight and nine o’clock in the evening in the railroad yard of the defendant,. the Chicago St. Paul Minneapolis & Omaha Railway Company in East St. Paul.

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Appeal by plaintiff, Charles N. Akers, as administrator of the estate of Frank A. Erling, deceased, from an order of the District Court of Eamsey County, J. J. Egan, J., made February 17, 1894, denying his motion for a new trial. Erling was killed November 10, 1890, between eight and nine o’clock in the evening in the railroad yard of the defendant,. the Chicago St. Paul Minneapolis & Omaha Railway Company in East St. Paul. He was run over by freight cars that the company was then switching on its tracks. The plaintiff was appointed administrator of his estate de bonis non and prosecuted this…

1Opinion of the CourtMitchell, J.

Defendant’s yard in which the deceased was injured is situated in East St. Paul. The yard extends from Greenbrier street, on the east, to and beyond Jesse street, on the west. There was no street crossing the yard at grade, Jesse street not being open *543through the yard, and Payne avenue and Edgerton street crossing it on elevated bridges. Along the north side of the yard there was a high board fence with a barbed wire on its top. Sometimes people who wished to make a short cut to or from the north side pulled off a board from the fence, and passed through, but when this was discovered the…

2Cases cited1 opinion

  1. Sweeny v. Old Colony & Newport RailroadMassachusetts Supreme Judicial Court · 1865

3Cited by28 opinions

  1. Anderson v. SettergrenSupreme Court of Minnesota · 1907
  2. Lorshbough v. Township of BuzzleSupreme Court of Minnesota · 1977
  3. Sinram v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
  4. Cooper v. HoeglundSupreme Court of Minnesota · 1946
  5. Jacobs v. DraperSupreme Court of Minnesota · 1966

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