Jordan v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, the Chicago, St. Paul, Minneapolis & Omaha Railway Company, from an order of the District Court of Ramsey County, Hascal R. Brill, J., made December 14,1893, granting plaintiffs motion for a new trial. On March 11,1892, John Jordan was a switchman at work for the Wisconsin Central Railroad Company.
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Appeal by defendant, the Chicago, St. Paul, Minneapolis & Omaha Railway Company, from an order of the District Court of Ramsey County, Hascal R. Brill, J., made December 14,1893, granting plaintiffs motion for a new trial. On March 11,1892, John Jordan was a switchman at work for the Wisconsin Central Railroad Company. He was employed about one of its engines in making up trains on the tracks in the yard between Third Street and Prince Street in Kittson’s Addition in the City of St. Paul. The defendant had a track in the same yard, adjacent north of and parallel to the track of the Wisconsin…
1Opinion of the CourtGilfillan, C. J.
The evidence in the case was such as to make the question of defendant’s negligence one for the jury.
The question of the evidence as to contributory negligence on the part of deceased is not so easily determined, but the majority of the court are of opinion that, upon the evidence, that question was also one for the jury.
It is well settled that, ordinarily, one who attempts to cross or who places himself upon a railway track without looking and listening, when, by so doing, he may discover the danger from an approaching train, is guilty of negligence. The rule has been most frequently applied…
2Cases cited1 opinion
- In re Seven Corners BankSupreme Court of Minnesota · 1894
3Cited by15 opinions
- Baltimore & Ohio Southwestern Railway Co. v. PetersonIndiana Supreme Court · 1901
- Missouri Pacific Railway Co. v. BentleySupreme Court of Kansas · 1907
- Doyle v. Southern Pac. Co.Oregon Supreme Court · 1910
- In re Seven Corners BankSupreme Court of Minnesota · 1894
- Zachary v. North Carolina RailroadSupreme Court of North Carolina · 1911
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