Gillam v. Sioux City & St. Paul Railroad
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Cottonwood and Murray counties, to recover damages for a cow run over and killed by a train on defendant’s railway. At the trial, before Dickinson, J., it appeared that the cow had strayed from plaintiff’s land upon a section of land belonging to the defendant, and thence upon the track, which was not fenced.
Read the full summary
Plaintiff brought this action in the district court for Cottonwood and Murray counties, to recover damages for a cow run over and killed by a train on defendant’s railway. At the trial, before Dickinson, J., it appeared that the cow had strayed from plaintiff’s land upon a section of land belonging to the defendant, and thence upon the track, which was not fenced. No fault in the manner of running the train was imputed to defendant, the only negligence charged being the failure of defendant to fence its railroad, as required by Laws 1876, c. 24, §§ 1-3, and Laws 1877, c. 73, § 1, (Gen. St.…
1Opinion of the CourtGilfillan, C. J.
Laws 1876, c. 24, § 1, (Gen. St. 1S78, c. 34, § 54,) provides that all railroad companies in this state shall, within six months after the passage of the act, build good and sufficient cattle-guards at all wagon-crossings, and good and substantial fences on each side of their roads. Section 2 (Id. § 55) in terms makes railroad companies liable for domestic animals killed or injured by their negligence, and declares a failure to build and maintain cattle-guards and fences, as in the act provided, an act of negligence. Section 3 (Id. § 56) regulates the recovery of costs for a neglect to pay…
2Cases cited6 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Indianapolis & Cincinnati Railroad v. TownsendIndiana Supreme Court · 1858
- Spence v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1868
- Stewart v. Burlington & M. R. R.Supreme Court of Iowa · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
- Washington v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1911
- Fleming v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
- State ex rel. St. Paul, Minneapolis & Manitoba Railway Co. v. District CourtwSupreme Court of Minnesota · 1889
- Finch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
5 more not listed; retrieve them via the Exa API.