Lindsley v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
'Plaintiff brought this action in the district court for Jackson county, to recover the value of 24 hogs, the property of the plaintiff, which had been received by the defendant, as a common carrier, to be transported from St. Paul to Chicago, and which died in transit, owing, as alleged, to the defendant’s negligence. ' The answer denied any negligence. The action was tried before Verkins, J., and a jury, and plaintiff had a verdict.
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'Plaintiff brought this action in the district court for Jackson county, to recover the value of 24 hogs, the property of the plaintiff, which had been received by the defendant, as a common carrier, to be transported from St. Paul to Chicago, and which died in transit, owing, as alleged, to the defendant’s negligence. ' The answer denied any negligence. The action was tried before Verkins, J., and a jury, and plaintiff had a verdict. The court refused to give the following instructions to the jury, requested by the defendant, viz.: “(2) The jury are instructed that the fact that the hogs…
1Opinion of the CourtDickinson, J.
1. W^will first'consider whether there was error in the refusal of the court to instruct the jury as requested by the defendant, as to the burden of proof, and in the instruction given upon that subject. In brief, the question is whether, the hogs having died in transit, the burden was upon the plaintiff to show that the death was eadsed by the defendant’s negligence, and not from disease or from what might be termed natural causes, or was it upon the defendant to show that it was without’ negligence, so that it must be inferred that the death was from natural’ causes, for which the carrier…
2Cases cited3 opinions
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
- Tarbox v. Eastern Steamboat Co.Supreme Judicial Court of Maine · 1861
3Cited by16 opinions
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Fritz v. Western Union Telegraph Co.Utah Supreme Court · 1903
- Boehl v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
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