Mehalek v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county by the father of John Mehalek, a minor, to recover $8,500 for personal injuries alleged to have been sustained by his son on account of the negligence of defendant’s flagman in allowing the boy to board a train. Two actions were originally brought, one on behalf of the father and one on behalf of the boy. They were consolidated and tried as one action by stipulation of the parties.
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Action in the district court for Hennepin county by the father of John Mehalek, a minor, to recover $8,500 for personal injuries alleged to have been sustained by his son on account of the negligence of defendant’s flagman in allowing the boy to board a train. Two actions were originally brought, one on behalf of the father and one on behalf of the boy. They were consolidated and tried as one action by stipulation of the parties. This case was' tried before John Day Smith, J., and a jury which rendered a verdict in favor of defendant. From an order denying his motion for a new trial,…
1Opinion of the Court
. LEWIS, J.
Appellant maintained several railroad tracks at its crossing at Twenty-Fifth Avenue Northeast, Minneapolis, about two blocks from the Schiller public school. The crossing was not furnished with safety gates, and the right of way was not inclosed with a fence; but a flagman was stationed at the crossing for the purpose of warning the public of approaching trains. For many years respondent company had operated a certain freight train, which reached this point every day about the time school was dismissed, four o’clock p. m. On May 3, 1907, John Mehalek, in company with another little…
2Cases cited4 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Fezler v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1902
- Mattes v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Mattes v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
3Cited by5 opinions
- Nolley v. Chicago, M., St. P. & P R. CoCourt of Appeals for the Eighth Circuit · 1950
- Alston v. Baltimore & Ohio RailroadDistrict Court, District of Columbia · 1977
- Strand v. Great Northern Railway Co.Supreme Court of Minnesota · 1951
- Jeanette v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1915
- Thomas v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915