Legal Opinion

Bostwick v. Minneapolis & Pacific Railway Co.

North Dakota Supreme Court

Decided February 29, 1892PublishedCited by 20 opinions

PPEAL from district court, Richland county; Hon. W. S. Lauder, Judge. Action by James H. Bostwick against the Minneapolis & Pacific Railway Company to recover damages for an injury to a horse. Verdict and judgment for plaintiff. From an order refusing a new trial defendant appeals. The horse was a trespasser at the time at which, and the place where the accident occurred.

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PPEAL from district court, Richland county; Hon. W. S. Lauder, Judge. Action by James H. Bostwick against the Minneapolis & Pacific Railway Company to recover damages for an injury to a horse. Verdict and judgment for plaintiff. From an order refusing a new trial defendant appeals. The horse was a trespasser at the time at which, and the place where the accident occurred. Railroad Co. v. Munger, 5 Denio 265; Robinson v, Railroad Co., 44 N. W. Rep. -779; Neiemann v. Railroad Co., 44 N. W. Rep. 1049; Railroad Co. v. Kerr, 26 N. E. Rep. 316; Railroad Co. v. Kerr, 12 S. W. Rep. 329; Palmer v.…

1Opinion of the Court

The opinion of the court was delivered by

Bartholomew, J.

We quote from the statement of faets in appellant’s brief. “ The action was brought in justice court to recover damages alleged to have been done to plaintiff’s horse by a passenger train of the defendant. Plaintiff recovered, and on appeal the cause was tried de novo in the district court, and a verdict rendered for plaintiff. A motion for new trial was made and overruled, and defendant appealed from the order refusing a new trial. The material allegations of plaintiff’s complaint are the fourth and fifth paragraphs, and are as follows:…

2Cases cited34 opinions

  1. Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
  2. Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
  3. Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
  4. Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
  5. Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858

29 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Masters v. New York Central Rd.Ohio Supreme Court · 1947
  2. Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
  3. Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
  4. Heckman v. EvensonNorth Dakota Supreme Court · 1897
  5. Haugo v. Great Northern Railway Co.North Dakota Supreme Court · 1914

15 more not listed; retrieve them via the Exa API.

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