Legal Opinion

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

Supreme Court of Minnesota

Decided July 6, 1881PublishedCited by 47 opinions

Appeal by defendant from an order of the district court for Ramsey county, Wilkin, J., presiding, refusing a new trial.

1Opinion of the Court

Gilfillan, C. J.*

Action by plaintiff, as administratrix of the estate of Henry Shaber, under Gen. St. 1878, c. 77, § 2, for causing the death of the intestate by negligence in running a railroad engine over him. The accident occurred at the place where defendant’s track crosses Lafayette avenue, a public street in the city of St. Paul. At that place the track runs nearly north and south, the avenue nearly east and west. The deceased was at the time passing, in the evening, on foot along the avenue, Coming from the east, and crossing, or about to cross, defendant’s track. The engine was…

2Cases cited3 opinions

  1. Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
  2. Phelps v. City of MankatoSupreme Court of Minnesota · 1877
  3. O'Leary v. City of MankatoSupreme Court of Minnesota · 1874

3Cited by47 opinions

  1. Wallis v. Southern Pacific Co.California Supreme Court · 1921
  2. Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
  3. Eisert v. Greenberg Roofing & Sheet Metal Co.Supreme Court of Minnesota · 1982
  4. Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
  5. Aubin v. Duluth Street Railway Co.Supreme Court of Minnesota · 1926

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