Kelly v. Southern Minnesota Railway Co.

Mitchell, J.*

This is an action for damages, for injuries to plaintiff’s horse, caused by the alleged negligence of defendant, in failing and neglecting to maintain and keep in a safe condition a crossing where defendant’s railroad intersected a highway. The negligence complained of was that a plank, which should have been kept fastened next to and along-side of the iron rail, had been torn up and removed, thus leaving a space or hole between the surface of the highway and the railroad track, into which the foot of plaintiff’s horse was caught and injured while being driven on the highway over…