Solum v. Great Northern Railway Co.
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Olay county, in favor of plaintiff for $367.02, after a trial before Baxter, J., and a jury.
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Appeal by defendant from a judgment of the district court for Olay county, in favor of plaintiff for $367.02, after a trial before Baxter, J., and a jury. The complaint, after alleging defendant’s incorporation and its control of the line of railway and plaintiff’s ownership, and the valué and situation of, certain hay, continued as follows: “That heretofore on September 27, A. D. 1894, in the forenoon of said day said defendant, while running its steam engines with trains of cars attached over said line of railroad, and when about three or four miles south of Barnesville station, did…
1Opinion of the Court
COLLINS, J.2
This was a fire case, in which a verdict was had against defendant corporation, the appeal being from the judgment.
Upon the argument here appellant’s counsel criticised the complaint, but, taking their own construction of it as found in their fourth request to charge, it alleged that defendant’s locomotive was faulty in construction or repair, and that it was improperly or negligently managed or controlled at the time of or immediately before the fire; and further, that defendant was negligent in failing to keep its right of way cleared of grass, rubbish, and other combustible…
2Cases cited3 opinions
- Burud v. Great Northern Railway Co.Supreme Court of Minnesota · 1895
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Weber v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1895
3Cited by3 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. CoombsSupreme Court of Arkansas · 1905
- Continental Insurance v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1906