Klaseus v. Village of Kasota
Supreme Court of Minnesota
Action in the district court for Le Sueur county to recover $200 for the loss of plaintiff’s horse. The case was tried before Dickson, J., acting for the judge of the Eighth judicial district, and a jury which returned a verdict in favor of plaintiff for $125. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the judgment entered pursuant to the verdict, defendant appealed.
1Opinion of the Court
Dibell, C.
The plaintiff was driving his team over a bridge which spanned Chanchaska creek in the village of Kasota. An automobile approached from the opposite direction. His team became frightened and unmanageable and one of them was crowded over the edge of the bridge to the creek below and was killed. He brought this action to recover damages for the loss of his horse and had judgment. The defendant appeals from the judgment.
1. The negligence alleged is in having a guard rail of insufficient height. There is no claim that it was out of repair or defective except in plan of construction. A…
2Cases cited3 opinions
- Blyhl v. Village of WatervilleSupreme Court of Minnesota · 1894
- Wiles v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
- McDonald v. City of DuluthSupreme Court of Minnesota · 1904
3Cited by2 opinions
- Paul v. FaricySupreme Court of Minnesota · 1949
- Comstock v. Great Northern Railway Co.Supreme Court of Minnesota · 1923