Raiolo v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county by the administrator of the estate of Frank Raiolo, deceased, against the Northern Pacific Railway Company, Kenneth F. Schiffmann and Frank S. Ritchie, to recover $5,000 for the death of his intestate. The case was tried before Olin B. Lewis, J., who directed a verdict in favor of defendant railway company. From an order denying plaintiff’s motion for a new trial, he appealed.
1Opinion of the CourtJaggard, J.
The intestate of plaintiff and. appellant was killed by an engine of defendant and respondent. He resided a short distance from a point where a city street was intersected by defendant’s railroad tracks. The street was, however, a “paper street” only; that is, it appeared on the recorded plat, bnt had never been opened, nor prepared for nse, nor used, as a street. Indeed, a wall separating other railroad tracks from defendant’s tracks made impossible such use by vehicles. Plaintiff, in the employ of another railroad company, had been in the daily habit of passing over the intervening tracks…
2Cases cited14 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Joyce v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Carlson v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1905
- Judson v. Great Northern Railway Co.Supreme Court of Minnesota · 1895
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3Cited by3 opinions
- Robidoux v. PelletierSupreme Court of Rhode Island · 1978
- Lewis v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1910
- Jensen v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1923