Huber v. Chicago, M. & St. P. Ry. Co.
Supreme Court Of The Territory Of Dakota
THIS is an appeal from the district court, Turner county ; Hon. C. S. Palmer, Judge. The action was brought to recover the value of a horse alleged to have been killed by the negligent acts of the defendant, its agents or servants. Upon the trial the plaintiff recovered judgment and the defendant appealed.
Read the full summary
THIS is an appeal from the district court, Turner county ; Hon. C. S. Palmer, Judge. The action was brought to recover the value of a horse alleged to have been killed by the negligent acts of the defendant, its agents or servants. Upon the trial the plaintiff recovered judgment and the defendant appealed. The undisputed evidence on the part of the defendant overcame the prima facie case of the plaintiff, and established as a matter of law that there had been no neglect of duty by the defendant. The court ought to have directed the verdict. Section 619, C. C. Pro., is merely a provision as to…
1Opinion of the CourtSpencer, J.
(After stating the facts as above.) This action was brought to recover the value of a certain horse alleged to have been killed by and through the gross negligence of the defendant, its agents and servants.
Upon the trial, the plaintiff proved ownership of the horse; that he was killed in Hutchinson county, this territory, by being run over by defendant’s engine and cars ; and his value, and rested his case.
The defendant then proved, as a matter of defense, by the engineer, fireman, and brakeman who were in charge of the engine and train at the time the accident occurred, under averments in…
2Cases cited2 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Volkman v. Chicago, St. P., M. & O. Ry. Co.Supreme Court Of The Territory Of Dakota · 1888
3Cited by11 opinions
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904
- Berens v. Chicago, Milwaukee, St. Paul & Pacific R. Co.South Dakota Supreme Court · 1963
- Woodward v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1906
- Smith v. Northern Pacific RailroadNorth Dakota Supreme Court · 1892
6 more not listed; retrieve them via the Exa API.