Legal Opinion

Carner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Supreme Court of Minnesota

Decided June 2, 1890PublishedCited by 14 opinions

Appeal by defendant from an order of the district court for Book county, Perkins, J., presiding, refusing a'new trial after verdict of $360 for plaintiff.

1Opinion of the CourtGilfillan, C. J.

The action is for damages caused to property by the negligence of the defendant in running its trains, in consequence of which the property was destroyed. That the finding of defendant’s negligence was supported by the evidence is conceded. Whether plaintiff is entitled to recover, and, if so, what measure of damages, are the main questions to be decided. May 22, 1876, the plaintiff entered at the proper land-office 80 acres of land, under the act of congress of March 13, 1874, (18 U. S. St. at Large, 21,) entitled “An act to amend an act to encourage the growth of timber on western…

2Cases cited2 opinions

  1. Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
  2. Lindsay v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1882

3Cited by14 opinions

  1. Babcock v. Canadian Northern Railway Co.Supreme Court of Minnesota · 1912
  2. Hoye v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
  3. Bailey v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
  4. Olson v. HuntamerSouth Dakota Supreme Court · 1894
  5. Hayes v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890

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