Cook v. Minneapolis, St. P. & S. S. M. Ry. Co.

Citations

• 225 F. 905
• 1913 U.S. Dist. LEXIS 1870

Syllabus

<p>1. Railroads <3=348—Injuries to Person on Track—Negligence—Evidence.</p> <p>Where, in an action for tlie death of a pedestrian struck by ears blocking a street, there was evidence of unnecessary blocking of the street for an unreasonable time, of the habit of travelers in passing around cars blocking the street, of the absence of any objection by the railroad company to the use of its right of way to get around the blocked portion of the street, and the testimony was conflicting on the issue of signals by the engineer on moving the train at the time of the accident, a verdict of negligence of the company in operating its train will not be disturbed.</p> <p>[Ed. Note.—Eor other cases, see Railroads, Cent. Dig. §§ 1138-1150; Dee. Dig. <§=34S.J</p> <p>2. Railroads <§=350—Injuries to Traveler on Track—Contributory Negligence—Question for Jury.</p> <p>Whether a pedestrian, killed by cars at a street crossing while he attempted to cross the track, was guilty of contributory negligence, held under the evidence for tho jury.</p> <p>[Ed. Note.—Por other cases, see Railroads, Cent. Dig. §§ 1152-1192; Dec. Dig. <2=350.1</p> <p><gs»For oll\\er cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>