Supreme Court of Minnesota July 7, 1881 (Gates v. Southern Minnesota Railway Co.)

GtletlijAN, C. J.

The evidence in this case was such that the question of defendant’s negligence, and of contributory negligence on the part of plaintiff’s intestate, was for the jury to determine; and it was not such that we can say the danger which caused his death was one of those which intestate knew, or which, in the exercise of proper care, he might have known, to be one of those incident