Kefee v. Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
The plaintiff, an infant, brought this action in the court of common pleas for Ramsey county to recover damages for injuries sustained while playing upon a turn-table of defendant.
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The plaintiff, an infant, brought this action in the court of common pleas for Ramsey county to recover damages for injuries sustained while playing upon a turn-table of defendant. The circumstances under which plaintiff was injured are thus stated in the complaint: “That in connection with said railroad” (of defendant) “defendant, before and up to the month of October, 1867, used and operated a certain turn-table, located on the lands of said defendant in said town of Northfield, which said turn-table was so constructed and arranged as to be easily turned around and made to revolve in a…
1Opinion of the CourtYoung, J.
In the elaborate opinion of the court below, which formed the basis of the argument for the defendant in this court, the case is treated as if the plaintiff was a mere trespasser, whose tender years and childish instincts were no excuse for the commission of the trespass, and who had no more right than any other trespasser to require the defendant to exercise care to protect him from receiving injury while upon its turn-table. But we are of opinion that, upon the facts stated in the complaint, the plaintiff occupied a very different position from that of a mere voluntary trespasser upon the…
2Cases cited2 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Birge v. GardinerSupreme Court of Connecticut · 1849
3Cited by97 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Binford v. JohnstonIndiana Supreme Court · 1882
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1905
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