Stoeber v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from the District Court of McHenry County, Honorable A. G. Burr, Judge. Defendant appeals. It is not the duty of men in charge of locomotives attached to trains to keep a constant lookout for trespassing animals.
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Appeal from the District Court of McHenry County, Honorable A. G. Burr, Judge. Defendant appeals. It is not the duty of men in charge of locomotives attached to trains to keep a constant lookout for trespassing animals. Hunger v. Railroad Co. 5 N. Y. 349; Locke v. Railroad Co. 15 Minn. 350, Gil. 283; Stacey v. Railway Co. (Minn.) 43 N. W. 905; R. R. Co. v. Melton, 2 Lea, 262; Hears v. Railway Co. (Iowa) 72 N. W. 509; Battanbury v. B. Co. (Mich.) 137 N. W. 679; Bostwick v. B. Co. 2 N. D. 449, 450; Hodgins v. R. Co. 3 N. D. 382; Wright v. R. Co. 12 N. D. 159; Corbett v. R. Co. 19 N. D. 450;…
1Opinion of the CourtRobinson, J.
This is an action to recover from defendant for the negligent killing of several horses while trespassing on its right of way. The verdict was for $980. Defendant appeals from the judgment and from an order denying a motion for a new trial or a judgment notwithstanding the verdict.
One horse was run into and killed February 4, 1916, and for this *124the defendant has offered to pay $150, the full value and a little more than the value of the same. Six horses were run into and killed by a passenger train on March 31, 1916, at 6:40 a. m. The question is one of negligence. The railway runs through…
2Cases cited2 opinions
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1910
- Reinke v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1912
3Cited by3 opinions
- Doan Ex Rel. Doan v. City of BismarckNorth Dakota Supreme Court · 2001
- Hildebrand v. Chicago B. & Q. R. R.Wyoming Supreme Court · 1933
- Snyder v. Northern Pacific Railway Co.North Dakota Supreme Court · 1939