96 Minn. 316 | Minn. | 1905
The facts in this case are as follows: The line of defendant’s railroad extends through the farm of one Ole Hagen, and at the time of its construction defendant provided a farm crossing for the use and benefit of the owner of the land, placing gates in the right of way fences, and planking the track to facilitate the passage of teams over
In the view we take of the case it becomes unnecessary to consider any of the assignments of error respecting the admission or exclusion of evidence on the trial. It is clear that plaintiff must fail in the action for the reason that the evidence wholly fails to show that the railway company failed in the performance of any duty it owed him, and the excluded evidence, had it been received, would not have supplied this defect in the proof.
The crossing in question was constructed for the use and benefit of Hagen, owner of the farm over which the railroad extended, and as to him there is no question but that the company was under obligation to keep and maintain it in good condition for use, but it was not required to so maintain it for use by people generally. Ambler’s Appeal, 2 Sad. 375, 4 Atl. 187; McCoy v. Southern, 94 Cal. 568, 29 Pac. 1110. Its obligation in this respect extended to Hagen and those in his em
Order affirmed.