Erdner v. Chicago & Northwestern Railway Co.
Supreme Court of Minnesota
Action in the district court for Blue Earth county by the administratrix of the.estate of Lee E. Eoley, deceased, to recover $2,-000 for the death of her intestate.
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Action in the district court for Blue Earth county by the administratrix of the.estate of Lee E. Eoley, deceased, to recover $2,-000 for the death of her intestate. The answer alleged that for more than.thirty years there .had been maintained by defendant along Vine street a high and impassable embankment of earth, upon which its line of railway, and tracks had been laid, maintained and used; that if Vine street was ever dedicated, platted or laid out over the place occupied by defendant’s line of railway, or was ever opened for public use or ever used at the place where defendant’s line of…
1Opinion of the Court
Búnn, J.
Lee Foley, a boy under sixteen years of age, was struck and killed1' by one of defendant’s engines while he was walking along defendant’s ■ main track in the city of Mankato. This action was brought to recover damages for his death. The complaint alleged that there-existed a traveled way along defendant’s tracks at the point where • the accident happened, and that this way was and had been for a-: long time, at the invitation, request, license, and permission of defendant, used by the public generally as a way. On the trial the chief controversy was whether the boy was a mere…
2Cases cited1 opinion
- Ellington v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
3Cited by5 opinions
- Zenner v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
- Peyla v. Duluth, Missabe Iron Range Railroad Co.Supreme Court of Minnesota · 1944
- Nelson v. LembckeSouth Dakota Supreme Court · 1920
- Hanks v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- English v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1912