Christopherson v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, Barnes County, J. A. Coffey, J. From a judgment in defendant’s favor, and from an order denying a new trial, plaintiff appeals. The plaintiff cannot be held guilty of contributory negligence as a matter of law, because he did not stop and listen before crossing the track. The test is, the use of ordinary care. Coulter v. Great Northern R. Co. 5 N. D. 568, 67 N. W. 1046; Kunkel v. Minneapolis, St. R. & S. Ste.
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Appeal from District Court, Barnes County, J. A. Coffey, J. From a judgment in defendant’s favor, and from an order denying a new trial, plaintiff appeals. The plaintiff cannot be held guilty of contributory negligence as a matter of law, because he did not stop and listen before crossing the track. The test is, the use of ordinary care. Coulter v. Great Northern R. Co. 5 N. D. 568, 67 N. W. 1046; Kunkel v. Minneapolis, St. R. & S. Ste. M. R. Co. 18 N. D. 367, 121 N. W. 830; Solborg v. Schlosser, 20 N. D. 307, 30 L.RA.(N.S.) 1111, 127 N. W. 91; Hollinshead v. Minneapolis, St. P. & S. Ste. M.…
1Opinion of the CourtFisk, J.
Plaintiff seeks to recover damages for personal injuries received by him through the alleged negligence of defendant in running its train over a certain public crossing near St. Croix Falls, in the state of Wisconsin, on November 2, 1905. Plaintiff’s injury was caused by a collision at such crossing at about 6:30 a. m. on such date, and while plaintiff, his brother, and a lady friend were about to cross the railroad track at such point.
At the close of the plaintiff’s testimony the defendant mqved for a directed verdict upon the ground, among others, that such testimony disclosed that he was…
2Cases cited21 opinions
- Nesbit v. Town of GarnerSupreme Court of Iowa · 1888
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Koplitz v. City of St. PaulSupreme Court of Minnesota · 1902
- McBride v. Des Moines City Railway Co.Supreme Court of Iowa · 1906
- Omaha & Republican Valley Railway Co. v. TalbotNebraska Supreme Court · 1896
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3Cited by15 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Murphy v. KeatingSupreme Court of Minnesota · 1939
- W., B. A.R. Co. v. StateCourt of Appeals of Maryland · 1920
- White v. Portland Gas & Coke Co.Oregon Supreme Court · 1917
10 more not listed; retrieve them via the Exa API.