Johnson v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Scott county to recover $1,975 for personal injuries sustained in driving over a private railway crossing-on the farm of a third person. The case was tried before Morrison.. J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtBrown, J.
The facts in this case are as follows: The line of defendant’s railroad extends through the farm of one Ole Hagen, and at the time of its construction defendant provided a farm crossing for the use and benefit of the owner of the land, placing gates in the right of way fences, and planking the track to facilitate the passage of teams over *317and across the same. Prior to the time complained of in this action, defendant was in the habit of removing the planks in the fall of the year, and replacing them again in the spring, and had so removed them a week or ten days prior to the accident…
2Cases cited2 opinions
- McCoy v. Southern Pacific Co.California Supreme Court · 1892
- Ambler's AppealSupreme Court of Pennsylvania · 1886
3Cited by3 opinions
- Kloewer v. Burlington Northern, Inc.Court of Appeals for the Eighth Circuit · 1975
- Hayden v. LambertonSupreme Court of Minnesota · 1907
- Kloewer v. Burlington Northern, Inc.Court of Appeals for the Eighth Circuit · 1975