Olin v. Minnesota Transfer Railway Co.

Taylor, C.

Action for death by wrongful act. The trial court directed a verdict for defendant on the ground that it conclusively appeared that the deceased was chargeable with contributory negligence. Plaintiff appeals from an order denying a new trial.

The accident happened in the railway transfer district in the city of St. Paul. Wabash avenue running in an easterly and westerly direction is parallel with and two blocks south of University avenue and is crossed at right angles by Vandalia street. A switching track with a down grade toward the west extends along Wabash avenue from which spurs…