151 Minn. 142 | Minn. | 1922
Action to recover for personal injuries. The court directed a verdict for the defendant. The plaintiff appeals from the. order denying his motion íov a new trial.
In December, 1919, the plaintiff, a man 66 years of age, was working for the director general in charge of the Minneapolis & St. Louis Railroad Company. He worked nights in a gravel pit about two miles north and west of Albert Lea where he lived. It was used as a place of storage of coal which was loaded from there onto the engines. About 5:30 in the afternoon he left the city for the gravel pit walking on the railroad track. This was his custom. It was the custom of others. There was snow on the ground and the night was cold. As he neared the gravel pit he noticed on the track the light of a train approaching from behind perhaps a distance of half a mile. He was then at the easterly side of a bridge some 30 feet in length covered with sheet iron. It may be inferred that it was so covered that people might walk over it. The track was on a narrow and steep fill, some 17 feet high at the bridge. There was a road-crossing some 600 feet to the west. The fill decreased in height to the west and was something like 3| feet at the crossing.
If the case made brings the plaintiff within the act of 1915 a recovery is not prevented though he was contributorily negligent as a
Order reversed.