Strobeck v. Bren
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Brooks, J., sustaining a demurrer to the complaint. Section 2695, G. S. 1894, provides that, "Any company or corporation operating a line of railroad in this state, and which company or corporation has failed or neglected to fence" said road * * * and maintain such fences * * * shall hereafter be liable for all damages sustained by any person in consequence of such failure or neglect.”
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Appeal by plaintiff from an order of the district court for Hennepin county, Brooks, J., sustaining a demurrer to the complaint. Section 2695, G. S. 1894, provides that, "Any company or corporation operating a line of railroad in this state, and which company or corporation has failed or neglected to fence" said road * * * and maintain such fences * * * shall hereafter be liable for all damages sustained by any person in consequence of such failure or neglect.” This statute was intended for the protection of the public, as well as for the protection of the adjoining landowner. It is a police…
1Opinion of the CourtBrown, J.
Appeal from an order sustaining a general demurrer to plaintiff’s complaint.
The facts alleged in the complaint are, in short, as follows: The right of way of the Chicago, Milwaukee & St. Paul Railway Company extends over and across certain land owned by defendants, and was, some time prior to the injury to plaintiff’s cattle here complained of, in compliance with the statutes on the subject, fenced by the company on each side thereof as it extends through such land. At the time the fence was built, and at the request and for the convenience of defendants, the company placed gates therein on…
2Cases cited4 opinions
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Ransier v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Swanson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
- Mooers v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1900
3Cited by2 opinions
- Russell v. German Fire InsuranceSupreme Court of Minnesota · 1907
- Turner v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1917