31 Minn. 219 | Minn. | 1883
The first- portion of the complaint, which defendant’s motion asked to have made more definite and certain, is hardly obnoxious to the charge of uncertainty. Taken together it amounts to this: that at the highway crossing mentioned, the railroad was so located and constructed that a train or engine approaching thereon cannot be seen by a person on the highway until so near that it is difficult or impossible to avoid being struck, etc.; and that it was negligent in the defendant to so locate and construct it.
Order affirmed.