Zakrzewski v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $159.69 for failure to furnish for value plaintiff’s live stock with water or food of any kind while awaiting shipment from the station of Stephen, Minnesota, and for failure to maintain defendant’s yard or pen in a reasonably dry and sanitary condition. The answer was a general denial.
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Action in the municipal court of Minneapolis to recover $159.69 for failure to furnish for value plaintiff’s live stock with water or food of any kind while awaiting shipment from the station of Stephen, Minnesota, and for failure to maintain defendant’s yard or pen in a reasonably dry and sanitary condition. The answer was a general denial. The case was tried before Bardwell, J., who when plaintiff rested granted defendant’s motion to amend its answer and denied its motion to dismiss the action, and a jury which returned a verdict for $140. From an order denying its motion for judgment…
1Opinion of the CourtHallam, J.
In October, 1912, defendant followed the practice of receiving stock for shipment south out of its station at Stephen, Minnesota, only once a week on a train scheduled to leave at noon on Saturdays. As an incident to the shipment of stock from that station, defendant provided yard and loading facilities. On Friday, October 4, plaintiff assembled at Stephen certain stock for shipment south on the following day. His claim is that defendant negligently maintained its yard in such an unfit and unsanitary condition that his stock suffered damage.
1. The action has been tried twice. The first trial…
2Cases cited10 opinions
- Powell v. MyersNew York Supreme Court · 1841
- Van Doren v. WrightSupreme Court of Minnesota · 1896
- Anderson v. WormserSupreme Court of Minnesota · 1915
- Nye v. KellyWashington Supreme Court · 1898
- Jacobs v. TuttU.S. Circuit Court for the District of Western Missouri · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Vukos v. Duluth Street Railway Co.Supreme Court of Minnesota · 1927
- Welsh v. Barnes-Duluth Shipbuilding Co.Supreme Court of Minnesota · 1945
- Milwaukee Automobile Mutual Insurance v. Hansord Pontiac Co.Supreme Court of Minnesota · 1965
- Booke & Olson v. PayneNorth Dakota Supreme Court · 1921