Heininger v. Great Northern Railway Co.
Supreme Court of Minnesota
Appeal by defendant, tbe Great Northern Railway Company,, from a judgment of tbe District Court of Stearns County, D. BSearle, J., entered May 12, 1894, against it for $744.55. On April 27, 1893, -tbe plaintiff, Joseph Heininger living in St. Cloud, was hired by a merchant to go six miles south to a farm bouse and bring in a horse.
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Appeal by defendant, tbe Great Northern Railway Company,, from a judgment of tbe District Court of Stearns County, D. BSearle, J., entered May 12, 1894, against it for $744.55. On April 27, 1893, -tbe plaintiff, Joseph Heininger living in St. Cloud, was hired by a merchant to go six miles south to a farm bouse and bring in a horse. He went, got tbe horse, and was-riding him along tbe highway toward town about eleven o’clock, in tbe forenoon when be approached a grade crossing over defendant’s railroad track. Just then, a passenger train going north on schedule time and usual speed, blew tbe…
1Opinion of the CourtMitchell, J.
The negligence charged against the defendant is that the engineer of one of its trains negligently and wantonly caused the whistle to be sounded violently and with great noise, near a highway crossing, with full knowledge that the plaintiff was in the vicinity, ■on the highway, on horseback, whereby the horse became frightened and unmanageable, and ran away and injured the plaintiff. The crossing referred to is in the country, a few miles from the city of St. ■Cloud. The railroad crosses the highway on the same level, at an .acute angle, the highway running north and south and the railroad…
2Cases cited1 opinion
- Dugan v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1890
3Cited by6 opinions
- Chicago & Erie Railway Co. v. CummingsIndiana Court of Appeals · 1899
- Rodgers v. Baltimore & Ohio Southwestern Railway Co.Indiana Supreme Court · 1898
- State ex rel. Norwood v. NelsonSupreme Court of Minnesota · 1919
- Gendreau v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1906
- Amenia & Sharon Land Co. v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1922
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