Watier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe municipal court of Still-water, refusing a new trial. cited Locke v. First Div., etc., R. Co. 15 Minn. 283, (350;) Witherell v. Mil. & St. P. Ry. Co., 24 Minn. 410; Whittier v. Chic., Mil. & St. P. Ry. Co., 24 Minn. 394; Johnson v. Chic., Mil. & St. P. Ry. Co., 29 Minn. 425; Varco v. Chic., Mil. & St. P. Ry. Co., 30 Minn. 18.
1Opinion of the CourtVanderburgh, J.
Tbe plaintiff’s .borse was turned loose in the city of Stillwater, whence it escaped into tbe town of Baytown, several miles distant, where it entered defendant’s right of way through a defective or open fence, which defendant had neglected to keep up, and was killed by a passing train. The evidence established defendant’s negligence, under the statute, in failing to maintain the fence; *92but the action was dismissed by the trial court, on the ground, that the .animal was at the time unlawfully at large in violation of Sp. Laws 1881, c. 307. This act makes it unlawful for any person to allow…
2Cases cited10 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Christenson v. American Express Co.Supreme Court of Minnesota · 1870
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- Hughes v. PeopleIllinois Supreme Court · 1876
- Gillam v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1879
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3Cited by4 opinions
- Ericson v. Duluth & Iron Range R.Supreme Court of Minnesota · 1894
- Green v. St. Paul, Minneapolis & Manitoba Ry. Co.Supreme Court of Minnesota · 1893
- Moser v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1890
- Sarja v. Great Northern Railway Co.Supreme Court of Minnesota · 1906