Henderson v. St. Paul & Duluth Railroad
Supreme Court of Minnesota
Appeal by plaintiff, Robert Henderson, an infant, by John Henderson, his guardian ad litem,, from an order of the District Court of Ramsey County, Egan, J., made May 14, 1892, denying his motion for a new trial. The plaintiff was injured October 7, 1891. He was then eleven years and five months of age. He attempted to climb over the bumpers between the cars of a freight train standing across the street at White Bear Lake.
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Appeal by plaintiff, Robert Henderson, an infant, by John Henderson, his guardian ad litem,, from an order of the District Court of Ramsey County, Egan, J., made May 14, 1892, denying his motion for a new trial. The plaintiff was injured October 7, 1891. He was then eleven years and five months of age. He attempted to climb over the bumpers between the cars of a freight train standing across the street at White Bear Lake. The train was backed while he was in the act, and his left foot was caught between the bumpers and seriously injured. He brought suit against the defendant, the St. Paul &…
1Opinion of the CourtVanderburgh, J.
The defendant’s railway runs through the village of White Bear, and, among others, crosses First street, which is a public and popular thoroughfare, over which citizens in great numbers have been accustomed to pass each day to and from their residences or places of business. This crossing is' near the yard of the defendant in that village, and is much occupied in switching cars and making up trains, so that the street is frequently blocked so long as to subject persons desiring to cross to tedious delays unless they shall take the risk of crawling under or climbing over or between the cars,…
2Cases cited4 opinions
- Benjamin v. StewartCalifornia Supreme Court · 1882
- Emmons v. SheldonWisconsin Supreme Court · 1870
- Platz v. City of CohoesNew York Supreme Court · 1880
- Bennett v. HobroCalifornia Supreme Court · 1887
3Cited by18 opinions
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Nelson v. Village of West DuluthSupreme Court of Minnesota · 1893
- Shipley v. Virginian Ry. Co.West Virginia Supreme Court · 1920
- Wherry v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1896
- Scott v. St. Louis, Kansas & Northwestern Railway Co.Supreme Court of Iowa · 1900
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