Hepfel v. St. Paul, Minneapolis & Manitoba Ry. Co.
Supreme Court of Minnesota
Appeal by plaintiff, Mary Hepfel, as administratrix of the estate of her daughter, Mary Hepfel, deceased,, from an order of the District Court of Eamsey County, Egan, J., made September 5, 1891. refusing a new trial. Mary Hepfel, the daughter, was killed about four o’clock in the afternoon of Sunday, November 17, 1889, at Martin Lumber Company’s yard, near Rice street bridge, in St. Paul.
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Appeal by plaintiff, Mary Hepfel, as administratrix of the estate of her daughter, Mary Hepfel, deceased,, from an order of the District Court of Eamsey County, Egan, J., made September 5, 1891. refusing a new trial. Mary Hepfel, the daughter, was killed about four o’clock in the afternoon of Sunday, November 17, 1889, at Martin Lumber Company’s yard, near Rice street bridge, in St. Paul. The defendant, The St. Paul, Minneapolis & Manitoba Railway Company, owned and operated a switch track into this lumber yard. Mary was eleven years and seven months old, and had been to church that…
1Opinion of the CourtYanderburgh, J.
1. A railway company is not bound to keep a lookout for trespassers on its track or cars, nor to presume that they will expose themselves to danger thereon; but having notice of their presence, and that they are liable to such danger, the company is bound to use reasonable care to avert it. Locke v. First Division St. P. & P. R. Co., 15 Minn. 355, (Gil. 283;) Scheffler v. Minneapolis & St. L. Ry. Co., 32 Minn. 520, (21 N. W. Rep. 711.)
In the case last cited, where a young child was run over upon the track, it was held that a railway company was not bound to keep watch for a trespasser on its…
2Cases cited7 opinions
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Scheffler v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Locke v. First Div. of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1870
- Gunderson v. Northwestern Elevator Co.Supreme Court of Minnesota · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Maskaliunas v. C. W. I. R. R. Co.Illinois Supreme Court · 1925
- Maskaliunas v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1925
- Perry v. TozerSupreme Court of Minnesota · 1903
- Ellington v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
14 more not listed; retrieve them via the Exa API.