SHEEHAN V. ST. PAUL & DULUTH RY. CO.
U.S. Cir. Ct. of App., 76 Fed. 201 (7th Cir., 1896)
NATURE OF THE CASE: Sheehan (P) sought review or a directed verdict for St. Paul (D),
railroad company, on a claim for injuries resulting from a train striking P when he was
stuck in a cattle guard.
FACTS: P was neither in the relation of passenger, nor of one in a public crossing or
place in which the public were licensed to travel. It is undisputed that P was a trespasser
on the tracks of D. P was walking on St. Paul & Duluth's (D) railroad track when his foot
slipped and became caught between the rail and the cattle guard. P was unable to extricate
his shoe and D's train ran over his foot. D's crew did not see P until the train was almost
upon him and it was too late. The trial court directed a verdict for D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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