Struck v. Chicago, Milwaukee & St. Paul Railway Co.

This is an action brought to recover damages for the negligence of the defendant resulting in the death of plaintiff’s intestate. He was struck by a railroad train, July 18, 1893, while upon the highway, crossing the defendant’s track, driving his team and wagon. The railroad ran north and south; the highway crossed it on a grade crossing. For about 400 feet immediately north of the crossing, the railroad passes through a cut from four to five feet deep, and on the hill above this cut were snow fences. The highway approaches the crossing from the south, along the east side of the railroad…