Davis v. Northern Pacific Railway Co.

■Plaintiff appeals from an order made on March 12, 1929, dismissing his action for lack of diligence in its prosecution and for inexcusable laches.

On September 10,. 1909, plaintiff with one Hall as his attorney instituted in Aitkin county an action to recover $300 from defendant for the-killing by one of defendant’s engines on September 4, 1908, of two of plaintiff’s horses. Within the time for answering-defendant made a proper motion to have the complaint made more definite and certain. This motion was granted with leave for plaintiff to amend his complaint in 20 days. There were no other…