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OLMSCHEID v. PATERSON

No. C5-88-2425, C5-89-104.

440 N.W.2d 124 (1989)

Peter J. OLMSCHEID, Appellant, v. James Arthur PATERSON, Defendant. MINNEAPOLIS, NORTHFIELD AND SOUTHERN RAILWAY, Defendant and Third-Party Plaintiff, Respondent, v. CITY OF EDINA, Third-Party Defendant, Respondent, and Pennsylvania General Insurance Company, intervenor, Appellant.

Court of Appeals of Minnesota.

Review Denied July 12, 1989.

Attorney(s) appearing for the Case

Robert M. Austin, Austin & Roth, Minneapolis, for Peter J. Olmscheid.

Winthrop A. Rockwell, Andrew Dunne, Faegre & Benson, Minneapolis, for Minneapolis, Northfield and Southern Ry.

Don C. Day, Peahl & Day, Minneapolis, for City of Edina.

Richard P. Mahoney, Victor E. Lund, Mahoney, Dougherty & Mahoney, Minneapolis, for Pennsylvania Gen. Ins. Co.

Heard, considered and decided by SHORT, P.J., and RANDALL, and KALITOWSKI, JJ.

OPINION

RANDALL, Judge.

This is an appeal from a summary judgment. The trial court ruled that Minneapolis, Northfield and Southern Railway (Railroad) had no duty to reconstruct or redesign its trestle to alleviate a visual obstruction at an intersection. The trial court also ruled that Pennsylvania General Insurance Company (Intervenor) could not amend its complaint to assert a negligence claim against the City...

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