La Paul v. Truesdale
Supreme Court of Minnesota
Action brought in the district court for Hennepin county against defendant, as receiver of the Minneapolis & St. Louis Bailway, to recover $320, the value of a horse which went upon the railway track at a point where it was not fenced, and was killed. Plaintiff appeals from an order by Young, J., refusing a new trial after a dismissal ordered at the trial.
1Opinion of the CourtDickinson, J.
This is an action to recover the value of the plaintiff’s horse, which, having escaped from confinement, went upon the railroad, and going along the track got into a trestle bridge crossing an arm of Lake Minnetonka, and was killed. The alleged cause of action to which our attention will be confined is the neglect of the railroad company to fence its track. Upon the case presented at the ■ trial the court directed a verdict for the defendant for the reason that, as was considered, the situation was such that the statutory requirement to construct fences was inapplicable. This locality was…
2Cases cited3 opinions
- Greeley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Cox v. Minneapolis, Sault Ste. Marie & Atlantic Railway Co.Supreme Court of Minnesota · 1889
- Kobe v. Northern Pacific RailroadSupreme Court of Minnesota · 1887