Johnson v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in a justice court, to recover the value of a calf, alleged to have been negligently killed by the defendant on its track.
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Plaintiff brought this action in a justice court, to recover the value of a calf, alleged to have been negligently killed by the defendant on its track. The justice rendered judgment against defendant, and added $10, extra costs, under Gen. St. 1878, c. 34, § 56. Defendant appealed to the district court for Fillmore county, on questions of law alone, where the judgment of the justice was affirmed by Farmer, J., who, however, struck out the $10, extra costs, allowed by the justice, as being unconstitutional. Defendant appeals from the judgment of ■ affirmance, and plaintiff from the order…
1Opinion of the Court
Yanderburoh, J.'*'
The plaintiff recovered judgment before a justice of the- peace for the value of a domestic animal killed upon defendant’s railroad track, and was allowed by the justice $10, extra costs, as provided in such cases by Gen. St. 1878, c. 34, § 56. On appeal, the district court affirmed the judgment for damages, but disallowed this item of costs. The defendants appeal from the judgment, and the plaintiff also appeals and complains of the decision and order of the court disallowing the costs. These appeals were heard together.
I. The defendants contend that the finding upon the…
2Cases cited13 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Fleming v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
- Klatt v. City of MilwaukeeWisconsin Supreme Court · 1881
- Jones v. Galena & Chicago Union RailroadSupreme Court of Iowa · 1864
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- State ex rel. McCue v. Sheriff of Ramsey CountySupreme Court of Minnesota · 1892
- Cameron v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1896
- Keller v. HarrisonSupreme Court of Iowa · 1910
- State v. Miller Home Development, Inc.Supreme Court of Minnesota · 1954
16 more not listed; retrieve them via the Exa API.