Legal Opinion

Green v. Eastern Railway Co.

Supreme Court of Minnesota

Decided December 27, 1892PublishedCited by 8 opinions

.Appeal by defendant, Eastern Bailway Company of Minnesota, from a judgment of the District Court of Anoka County, Canty, J., entered April 9, 1892, for $552.96. The plaintiff, James Y. Green, a farmer, was on December 17, 1891, at half past five o'clock in the evening, driving his horse team north along Seventh avenue in Anoka, towards the point where defendant’s railroad crosses it at grade. The night was dark, the weather cold and the street rough.

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.Appeal by defendant, Eastern Bailway Company of Minnesota, from a judgment of the District Court of Anoka County, Canty, J., entered April 9, 1892, for $552.96. The plaintiff, James Y. Green, a farmer, was on December 17, 1891, at half past five o'clock in the evening, driving his horse team north along Seventh avenue in Anoka, towards the point where defendant’s railroad crosses it at grade. The night was dark, the weather cold and the street rough. Plaintiff was seated in his buggy, driving home, and when within a few feet of the crossing, a train went by, going east on its way to St.…

1Opinion of the CourtDickinson, J.

At about half past five o’clock, or a little later, in the afternoon of the 17th of December, 1891, it having then become dark, the plaintiff, in an open buggy with a span of horses, drove north on Seventh avenue in the city of Anoka towards the track of the defendant, which crossed that street. As he approached the crossing to within about twenty-five or thirty feet of the railroad track a passenger train from the west ran over the crossing, frightening the horses so that they wheeled suddenly, throwing the plaintiff out of his buggy, causing injuries for which this action is brought.…

2Cases cited1 opinion

  1. State v. HammondSupreme Court of Minnesota · 1889

3Cited by8 opinions

  1. Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
  2. State v. SugarmanSupreme Court of Minnesota · 1914
  3. Pittsburg Plate Grass Co. v. LearySouth Dakota Supreme Court · 1910
  4. State ex rel. Zien v. City of DuluthSupreme Court of Minnesota · 1916
  5. City of Virginia v. EricksonSupreme Court of Minnesota · 1918

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