Hanks v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Lyon county by the administrator of the estate of E. M. Hanks, deceased, to recover $7,500 for the death of Ms intestate. The answer alleged that at the time of decedent’s death he was a trespasser upon the railroad tracks of defendant, and alleged that his death was not in any manner caused by any act or omission of defendant or its servants and that the death was directly caused by decedent’s own negligence.
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Action in the district court for Lyon county by the administrator of the estate of E. M. Hanks, deceased, to recover $7,500 for the death of Ms intestate. The answer alleged that at the time of decedent’s death he was a trespasser upon the railroad tracks of defendant, and alleged that his death was not in any manner caused by any act or omission of defendant or its servants and that the death was directly caused by decedent’s own negligence. The case was tried before Olsen, J., who, when plaintiff rested and at the close of the trial, denied defendant’s motion to dismiss the action, and a…
1Opinion of the CourtHolt, J.
Defendant’s right of way runs in a southwesterly direction from the village of Russell to the village of Florence in Lyon county, this state, the distance between the two stations being eight miles. Another railroad running west from Tracy, Minnesota, crosses the track of defendant a few miles south of Russell. At this crossing is no station, but persons desiring to go to Russell from Tracy get off at Burchard, some distance east of the crossing, and proceed thence by team or on foot to Russell. In walking some take the railroad right of way instead of the public highway, thereby shortening…
2Cases cited24 opinions
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Taylor v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1886
- Chesapeake & Ohio Ry. Co. v. Nipp's Adm'xCourt of Appeals of Kentucky · 1907
- Roth v. Union Depot Co.Washington Supreme Court · 1896
19 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hanson v. BaileySupreme Court of Minnesota · 1957
- State Ex Rel. Danielson v. Village of MoundSupreme Court of Minnesota · 1951