Bell v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Sherburne county against Great Northern Railway Company, Northern Pacific Railway Company and John Umberhocker, to recover $25,000 for personal injuries. The case was dismissed as to the Great Northern Railway Company. The facts are stated in the opinion. The separate answer of the Northern Pacific Railway Company and John Umberhocker alleged plaintiff’s contributory negligence. The reply was a general denial.
Read the full summary
Action in the district court for Sherburne county against Great Northern Railway Company, Northern Pacific Railway Company and John Umberhocker, to recover $25,000 for personal injuries. The case was dismissed as to the Great Northern Railway Company. The facts are stated in the opinion. The separate answer of the Northern Pacific Railway Company and John Umberhocker alleged plaintiff’s contributory negligence. The reply was a general denial. The case was tried before Giddings, J., who, at the close of plaintiff’s testimony, denied defendants’ motion for a directed verdict in their favor. The…
1Opinion of the CourtBrown, J.
It appears from the evidence that the Northern Pacific Railway Company and the Great Northern Railway Company own and operate their trains between Minneapolis and St. Cloud over parallel tracks, so laid as to constitute a double-track system between those places. By a traffic arrangement the Northern Pacific Company maintains both tracks in repair and proper condition for use. The trains of both companies move over these tracks in the same direction, west-bound trains over one, and east-bound trains over the other. In consequence of the continuous passage of trains in one direction, the rails…
2Cases cited5 opinions
- Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
- Wuotilla v. Duluth Lumber Co.Supreme Court of Minnesota · 1887
- Gray v. Commutator Co.Supreme Court of Minnesota · 1902
- Johnson v. Mac LeodSupreme Court of Minnesota · 1910
- Lindem v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1902
3Cited by4 opinions
- Begin v. Liederbach Bus Co. Inc.Supreme Court of Minnesota · 1926
- Marshall v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1915
- Nicholas v. Hennepin Wheel Goods Co.Supreme Court of Minnesota · 1953
- Carney Coal Co. v. BenedictWyoming Supreme Court · 1913