Freeman v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Freeborn county, to recover damages for injuries to himself, occasioned by the negligence of defendant in failing to keep a highway crossing, in the township of Shell Rock, in that county, in a safe condition.
Read the full summary
Plaintiff brought this action in the district court for Freeborn county, to recover damages for injuries to himself, occasioned by the negligence of defendant in failing to keep a highway crossing, in the township of Shell Rock, in that county, in a safe condition. The defendant, among other defences, pleaded that it was not the owner of the railroad, alleged ownership in the Burlington, Cedar Rapids & Northern Railway Company, a corporation organized and existing under the laws of the state of Iowa, and, upon’ the trial, put in evidence, to prove such allegation, a lease from itself to that…
1Opinion of the CourtGilfillan, C. J.
It is the accepted doctrine in this country that a railroad company cannot escape the performance of any duty or obligation imposed by its charter or the general laws of the state, by a voluntary surrender of its road into the hands of lessees. There are a few cases which seem to question, or at least to limit, this doctrine, but a great preponderance of decisions recognize it to its full extent. It is, certainly, in accordance with sound public policy; for it would not be for the public interest that, when the state has granted to a corporation important franchises and privileges, in…
2Cited by9 opinions
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
- Hukill v. Maysville & B. S. R. Co.U.S. Circuit Court for the District of Kentucky · 1896
- Lakin v. Willamette Valley & Coast RailroadOregon Supreme Court · 1886
- Muntz v. Algiers & G. Ry. Co.Supreme Court of Louisiana · 1903
- Brown v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
4 more not listed; retrieve them via the Exa API.