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

These two cases were tried together, and were dismissed at the close of plaintiffs’ testimony. The cause of action arose out of alleged injuries to the plaintiff Fred Marty, and to the team and wagon of John Marty, driven by the former, occasioned by a collision with one of defendant’s trains at a railway crossing in the suburbs of the city of St. Raul. At the place in question the road or highway travelled by the plaintiff crossed first the track of the St. Paul & Duluth railroad, which was distant west of the defendant’s track about 100 feet. It then runs south between the two railroads for…