Legal Opinion

Erickson v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided May 3, 1912No. Nos. 17,692—(230)PublishedCited by 14 opinions

Action in the district court for Clay county to recover $60,000 damages for defendant’s negligence in running a locomotive or train of cars over and cutting a line of fire hose laid across its tracks, and thereby preventing the extinguishing of the fire mentioned in the opinion. The answer alleged that if any line of hose lying across defendant’s track was cut, it was not done through any negligence of defendant. The reply was a general denial.

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Action in the district court for Clay county to recover $60,000 damages for defendant’s negligence in running a locomotive or train of cars over and cutting a line of fire hose laid across its tracks, and thereby preventing the extinguishing of the fire mentioned in the opinion. The answer alleged that if any line of hose lying across defendant’s track was cut, it was not done through any negligence of defendant. The reply was a general denial. The case was tried before Taylor, J., who, at the close of plaintiff’s case and again at the close of the testimony, denied defendant’s motion for a…

1Opinion of the CourtHolt, J.

The right of way of the defendant railway company, with three tracks thereon, is located directly south of and almost parallel with First avenue, in the city of Moorhead, Minnesota. This avenue runs east and west. At right angles thereto is Eighth street, running north and south, being the most traveled street going in that direction in the city. Front street is one block south of First avenue. Prior to the fire on January 3, 1911, plaintiff was the owner of Columbia Hotel, located between Front street and defendant’s right of way. The main part was a three-story brick building one hundred…

2Cases cited8 opinions

  1. Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
  2. Hamilton v. Minneapolis Desk Manufacturing Co.Supreme Court of Minnesota · 1899
  3. Bryant v. City of St. PaulSupreme Court of Minnesota · 1885
  4. Clark v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1907
  5. Grube v. City of St. PaulSupreme Court of Minnesota · 1886

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
  2. Gilbert v. New Mexico Const. Co.New Mexico Supreme Court · 1935
  3. Abresch v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1956
  4. Clark v. Public Service Co.Appellate Court of Illinois · 1934
  5. Eclipse Lumber Co. v. DavisSupreme Court of Iowa · 1923

9 more not listed; retrieve them via the Exa API.

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