SPELTZ GRAIN & COAL CO. v. RUSH

No. 35,525.

236 Minn. 1 (1952)

SPELTZ GRAIN & COAL COMPANY v. ED RUSH, ILLINOIS CENTRAL RAILROAD COMPANY, AND OTHERS.

Supreme Court of Minnesota.

February 8, 1952.


Attorney(s) appearing for the Case

Meighen, Knudson, Sturtz & Peterson, for appellant.

Elmer R. Peterson, for respondents Ed Rush, Alfred Larson, and Joe Libersky.

J.H. Wright, General Counsel, C.A. Helsell, General Solicitor, Catherwood, Hughes & Alderson, and Burnquist, Helsell & Burnquist, for respondent Illinois Central Railroad Company.


MAGNEY, JUSTICE.

On and prior to November 7, 1949, plaintiff owned and operated a plant consisting of an elevator, feed mill, coal shed, corn crib, and oil station at London, Minnesota, an unincorporated prairie village with a population of about 125 located on a line of defendant Illinois Central Railroad Company. The individual defendants were members of the railroad's section crew. Plaintiff claims that defendants jointly, recklessly, wantonly, culpably, and wilfully...

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