Gay v. Fremont, E. & M. V. Ry.
Supreme Court Of The Territory Of Dakota
Appeal from a judgment of the district court for Custer county entered upon a verdict in favor of the plaintiff, and from an order overruling a motion for a new trial. The action was brought to recover the value of a heifer owned by the plaintiff, alleged to have been killed by the negligence of the defendant in running its train upon her. Upon the trial of the action in the court below the plaintiff obtained a verdict.
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Appeal from a judgment of the district court for Custer county entered upon a verdict in favor of the plaintiff, and from an order overruling a motion for a new trial. The action was brought to recover the value of a heifer owned by the plaintiff, alleged to have been killed by the negligence of the defendant in running its train upon her. Upon the trial of the action in the court below the plaintiff obtained a verdict. Motion to set the verdict aside, upon the ground that it was without evidence to support it, was duly made, and denied. Judgment was duly entered f®r the respondent. Motion…
1Opinion of the Court
Spencer, J.,
(after stating the facts as above.) The undisputed evidence in this case upon the question of the negligence of the defendant — and upon that question there was no conflict of evidence — shows that the plaintiff was the owner of a heifer, which he permitted to run at large and unattended upon lands contiguous to the railroad track of the defendant; that on or about the 15th day of July, 1886, while the defendant was running one of its trains over its railroad in the ordinary course of its business, plaintiff’s said heifer came upon defendant’s railroad track at a point about 50…
2Cases cited2 opinions
- Locke v. First Div. of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1870
- Williams v. Northern Pacific R. R.Supreme Court Of The Territory Of Dakota · 1882