Legal Opinion

Studley v. St. Paul & Duluth R. Co.

Supreme Court of Minnesota

Decided January 21, 1892PublishedCited by 6 opinions

Appeal by plaintiff, Fred. M. Studley, administrator of the estate of Mary Kneasey, 'deceased, from an ’order of the district court of Bamsey county, Wilkin, J., made November 19, 1890, refusing a new trial. This action was brought under 1878, G. S. ch. 77, § 2, to recover $5,000, damages for the negligent killing of Mary Kneasey, June 20, 1887, on defendant’s railroad track near the southeasterly end of Lake Phalen, within the corporate limits of the city of St. Paul.

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Appeal by plaintiff, Fred. M. Studley, administrator of the estate of Mary Kneasey, 'deceased, from an ’order of the district court of Bamsey county, Wilkin, J., made November 19, 1890, refusing a new trial. This action was brought under 1878, G. S. ch. 77, § 2, to recover $5,000, damages for the negligent killing of Mary Kneasey, June 20, 1887, on defendant’s railroad track near the southeasterly end of Lake Phalen, within the corporate limits of the city of St. Paul. The action was tried before a jury, May 15, 1888, and a verdict rendered for the defendant. A motion was made September 8,…

1Opinion of the CourtCollins, J.

The plaintiff’s intestate — a girl aged 17 years, in full possession of her faculties — was struck by one of defendant’s locomotives drawing a passenger train, in daylight, and within the limits of the city of St. Paul, receiving injuries which caused her death. She was accustomed to being about railway tracks and trains, and for about one month prior to the accident had been employed at a house situated within 300 feet of the place where it occurred. The public highway, which at this' point was nothing more than a country road, went around a'small marsh, and within a distance of 1,100 feet…

2Cases cited6 opinions

  1. Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
  2. Scheffler v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
  3. Clark v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
  4. Faber v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1882
  5. Carney v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Ellington v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
  2. Schneider v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1900
  3. Sheehan v. St. Paul & D. Ry. Co.Court of Appeals for the Seventh Circuit · 1896
  4. Grostick v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1892
  5. Kunz v. Oregon Railroad & N. Co.Oregon Supreme Court · 1907

1 more not listed; retrieve them via the Exa API.

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