Mooers v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Crow Wing county to recover $300 damages for injury to mules. The case was tried before Holland, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtLovely, J.
A. span of mules strayed through an open gate upon defendant’s right of way, and were run upon and injured by an engine and train, for which damages are demanded in this action. At the close of the evidence a verdict was ordered for the defendant, and a new trial upon a settled case was refused, from which order the plaintiff appeals to this court.
Plaintiff owned a farm near the place of the accident. A public highway passed by the same, and between that highway and another portion of plaintiff’s farm is the railroad right of way. Between the public highway and the pasture of plaintiff…
2Cases cited1 opinion
- Swanson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
3Cited by2 opinions
- High v. Southern Pacific Co.Oregon Supreme Court · 1907
- Strobeck v. BrenSupreme Court of Minnesota · 1904