Greeley v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Plaintiff’s horse, drawing a wagon, escaped from him and wandered upon the tracks of defendant between Mississippi street and Lafayette avenue in the city of St. Paul, and was run down by a passing locomotive. For the damages thus sustained by him the plaintiff brought this action in the district court for Ramsey county, alleging failure of defendant to fence its railway and maintain cattle-guards in the vicinity of the place of the accident.
Read the full summary
Plaintiff’s horse, drawing a wagon, escaped from him and wandered upon the tracks of defendant between Mississippi street and Lafayette avenue in the city of St. Paul, and was run down by a passing locomotive. For the damages thus sustained by him the plaintiff brought this action in the district court for Ramsey county, alleging failure of defendant to fence its railway and maintain cattle-guards in the vicinity of the place of the accident. The defendant alleged, among other things, that the place where the horse is alleged to have wandered upon the track “is within the yard lipiits of this…
1Opinion of the CourtMitchell, J.
The statute reads: “All railroad companies in this state shall * * * build, or cause to be built, good and sufficient cattle-guards at all wagon crossings, and good and substantial fences *137on each side of such road. All railroad companies shall he liable for domestic animals killed or injured by the negligence of such companies; and a failure to build and maintain cattle-guards and fences, as above provided, shall be deemed an act of negligence on the part of such companies.” Gen. St. 1878, c. 34, §§ 54, 55.
1. The first contention of defendant is that this statute has no application within the…
2Cases cited11 opinions
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- Tracy v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1868
- Wabash Railway Co. v. ForsheeIndiana Supreme Court · 1881
- Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869
- Indianapolis & Cincinnati Railroad v. ParkerIndiana Supreme Court · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1904
- Reynolds v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Marengo v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
- Nickolson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1900
- Palyo v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1920
12 more not listed; retrieve them via the Exa API.