Corey v. N. Pac. R. Co.

• Decision Date: 29 November 1884
• Citation: Corey v. N. Pac. R. Co., 32 Minn. 457, 21 N.W. 479 (Minn. 1884)
• Parties: COREY v NORTHERN PACIFIC R. CO.
• Court: Minnesota Supreme Court

32 Minn. 457

21 N.W. 479

COREYvNORTHERN PACIFIC R. CO.

Supreme Court of Minnesota.

Filed November 29, 1884.

Appeal from an order of the district court of Clay county.

Spooner & Larrabee, for respondent, Orville S. Corey.

Edward H. Ozman, for appellant, Northern Pacific R. Co.

GILFILLAN, C. J.

In the village of Glyndon there is a public highway called Park avenue, running north and south. It is crossed by the main track and a side track of defendant, running east and west, the side track being about 30 feet south from the main track. Along the side of the highway, between the tracks, was a ditch about four feet deep. On the night of December 17, 1882, the defendant's employes left a box car on the side track, across the highway, so as to obstruct it, except for a space of about four feet between the end of the car and the ditch. At 6 o'clock the next morning the driver of plaintiff's horses, attached to a sleigh, was driving along the highway from north to south, and reached and crossed the main track just before a train on that track crossed the highway. In approaching on the highway the main track from the north, the view in the...