Crowson v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Ward County, K. F. Leighton, J. 'Action to recover for personal injuries and for injury to horses. Judgment for defendant. Plaintiff appeals. The obstruction of the crossing and the maintenance of the same upon the sidetrack and right of way, which completely obstructed the view of the public for so great a distance, constituted negligence.
Read the full summary
Appeal from the District Court of Ward County, K. F. Leighton, J. 'Action to recover for personal injuries and for injury to horses. Judgment for defendant. Plaintiff appeals. The obstruction of the crossing and the maintenance of the same upon the sidetrack and right of way, which completely obstructed the view of the public for so great a distance, constituted negligence. Reed v. Chicago, St. P. M. & O. R. Co. 74 Iowa, 188, 37 N. W. 149; Rockford, R. I. & St. L. R. Co. v. Hillmer, 72 111. 235; McGuire v. Hudson River R. Co. 2 Daly, 76; Hiñe v. Erie R. Co. 27 Ohio C. C. 155; Central R. Co.…
1Opinion of the CourtBruce, J.
This is an action to recover damages for injuries sustained in a crossing accident. The accident occurred at Burlington, North Dakota. The main line of the defendant railway company ran east and west. Forty-three feet 6 inches south of the main track was a sidetrack. On this sidetrack was a string of box cars, the westerly one of which projected some 22 feet into the street on which plaintiff was driving, and the easterly one of which was probably some quarter of a mile to the east. Though the westerly car projected into the street, it appears that there was plenty of room to keep on the 18…
2Cases cited5 opinions
- Sherlock v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1912
- Haugo v. Great Northern Railway Co.North Dakota Supreme Court · 1914
- Christopherson v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1914
- Hope v. Great Northern Railway Co.North Dakota Supreme Court · 1909
- Gast v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914
3Cited by4 opinions
- State v. Great Northern Railway Co.North Dakota Supreme Court · 1926
- Testo v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1921
- Marshall v. Northern Pacific Railway Co.North Dakota Supreme Court · 1929
- Kutchera v. Minneapolis, St. P. S. Ste. M.R. Co.North Dakota Supreme Court · 1926