Stoeber v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from the District Court of McHenry County, Honorable A. G. Burr, Judge. Defendant appeals. It is not the duty of men in charge of locomotives attached to trains to keep a constant lookout for trespassing animals.
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Appeal from the District Court of McHenry County, Honorable A. G. Burr, Judge. Defendant appeals. It is not the duty of men in charge of locomotives attached to trains to keep a constant lookout for trespassing animals. Hunger v. Railroad Co. 5 N. Y. 349; Locke v. Railroad Co. 15 Minn. 350, Gil. 283; Stacey v. Railway Co. (Minn.) 43 N. W. 905; R. R. Co. v. Melton, 2 Lea, 262; Hears v. Railway Co. (Iowa) 72 N. W. 509; Battanbury v. B. Co. (Mich.) 137 N. W. 679; Bostwick v. B. Co. 2 N. D. 449, 450; Hodgins v. R. Co. 3 N. D. 382; Wright v. R. Co. 12 N. D. 159; Corbett v. R. Co. 19 N. D. 450;…
1DissentGrace, J.
The action is maintained to recover from the defendant the value of certain horses killed by the defendant railway while such horses were upon defendant’s railway, such horses having without any wilful negligence of the plaintiff escaped from plaintiff’s premises and gone upon the right of way. One horse was killed February 4th, and six on March 31, 1916, at about 6:40 a. m. It appears that the railway runs through plaintiff’s farm. His buildings are situated 80 rods or more on the north side of the track. The right of way of the railway company, is fenced on either side of the railroad on…
Also in this document: Per curiam.
2Cases cited12 opinions
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Hodgins v. Minneapolis, St. Paul & Sault Ste. Marie RailroadNorth Dakota Supreme Court · 1893
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1910
- Cumming v. Great Northern Railway Co.North Dakota Supreme Court · 1906
- West v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
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