Kelly v. St. Paul, Minneapolis & Manitoba Railway Co.

DiciciNsoN, J.*

This action was brought to recover damages, upon the ground of negligence, for injuries to the person of the plaintiff, and to his horses and wagon, caused by a collision with a train of cars of the defendant, at the crossing of its line of road over Third street, in the city of St. Paul. The plaintiff having recovered a verdict, the questions are presented, upon this appeal from an order refusing a new trial, whether the defendant was shown by the evidence to have been chargeable with negligence in the premises, and whether it does not appear that the plaintiff was guilty of…