Heron v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
This action against the Eastern Railway Company, the St. Paul, Minneapolis & Manitoba Railway Company and the Great Northern Railway Company, was brought to recover for damages sustained by plaintiff resulting from fires started by the negligent •operation of its trains by the first named company.
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This action against the Eastern Railway Company, the St. Paul, Minneapolis & Manitoba Railway Company and the Great Northern Railway Company, was brought to recover for damages sustained by plaintiff resulting from fires started by the negligent •operation of its trains by the first named company. From orders of the district court for Mille Lacs county, Baxter, J., overruling separate demurrers of the Manitoba and Great Northern Companies, they appealed. ' The allegations in the complaint that it was and is the duty of the Manitoba and Great Northern Companies to keep the right of way free…
1Opinion of the CourtMitchell, J.
The material allegations of the complaint are as follows:
The St. Paul, Minneapolis & Manitoba Railway Company owned a line of railway between St. Paul and the village of Hinckley. The Eastern Railway Company owned and operated a line of railway between Hinckley and West Superior. The first-named company had leased its road to the Great Northern Railway Company for. 999 years. Under this lease the Great Northern Railway Company was operating the road, and had possession of the right of way on which the road was built. The Eastern Railway Company was operating and running its trains over this…
2Cases cited1 opinion
- Railroad Co. v. BarronSupreme Court of the United States · 1867
3Cited by18 opinions
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- McCabe's Admx. v. Maysville & B. S. R.Court of Appeals of Kentucky · 1902
- Campbell v. Railway Transfer Co.Supreme Court of Minnesota · 1905
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
- Southern Ry. Co. v. HusseyCourt of Appeals for the Eighth Circuit · 1930
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