Campbell v. Chicago Great Western Railway Co.
Supreme Court of Minnesota
Action in the district court for Mower county to recover $2,000 for personal injuries sustained by plaintiff at a public crossing in the city of Austin over defendant’s railway track from a train traveling at an excessive and dangerous rate of speed contrary to the ordinance of the city and the statutes of the state. The answer alleged the contributory negligence of plaintiff.
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Action in the district court for Mower county to recover $2,000 for personal injuries sustained by plaintiff at a public crossing in the city of Austin over defendant’s railway track from a train traveling at an excessive and dangerous rate of speed contrary to the ordinance of the city and the statutes of the state. The answer alleged the contributory negligence of plaintiff. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $1,500. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it…
1Opinion of the CourtJaggard, J.
Plaintiff saw a wagon with a horse attached, but without a driver, approaching defendant’s railroad tracks at a constantly used crossing of a busy city street. As the horse was about to step on the tracks, plaintiff took hold of the reins, which were suspended from the top of the wagon by a hook. At this point, if he had looked, he could not have seen up- defendant’s tracks towards the north more than about two hundred feet, because the tracks there curved sharply as they passed “a little wooden building” about that distance from the crossing. While plaintiff was backing this horse away from…
2Cases cited10 opinions
- Hargis v. St. Louis, Arkansas & Texas Railway Co.Court of Appeals of Texas · 1889
- Lorenz v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Moore v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1895
- Deville v. Southern Pacific RailroadCalifornia Supreme Court · 1875
- Louisville & Nashville Railroad v. SchmidtIndiana Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Davis v. BoggsArizona Supreme Court · 1921
- Anderson v. Great Northern Railway Co.Supreme Court of Minnesota · 1920
- Turner v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1925
- Brown v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1915