Rosse v. St. Paul & Duluth Railway Co.
Supreme Court of Minnesota
Appeal hy plaintiff from an order of the district court for Hennepin county, Smith, J., sustaining a demurrer to the complaint. Laws 1876, c. 24; G-. S. 1878, c. 34, §§ 55-57, is a police regulation, designed for the protection of all, creating an absolute duty, and should not he limited in its effect to protecting cattle.
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Appeal hy plaintiff from an order of the district court for Hennepin county, Smith, J., sustaining a demurrer to the complaint. Laws 1876, c. 24; G-. S. 1878, c. 34, §§ 55-57, is a police regulation, designed for the protection of all, creating an absolute duty, and should not he limited in its effect to protecting cattle. Corwin v. New York, 13 N. Y. 42; Blair v. Milwaukee, 20 Wis. 267; Gillam v. Sioux, 26 Minn; 268; Fleming v. St. Paul, 27 Minn. 111; Emmons v. Minneapolis, 35 Minn. 503; Finch v. Chicago, 46 Minn. 250. The English courts have, inferentially at least, conceded the right to…
1Opinion of the CourtMitchell, J.
This action was brought to recover damages for personal injuries to the plaintiff, a child alleged to be non sui juris, who had strayed upon the track of defendant’s road, and was there injured'by a passing train. The only negligence charged against the defendant was its failure to fence its road, as required by statute, at the place where the plaintiff strayed upon the track, and where he was injured, it being alleged that if the railway had been fenced at that point plaintiff would have been prevented from going upon it. A demurrer to the complaint was sustained upon the authority of…
2Cases cited5 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Keyser v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1885
- Fitzgerald v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1882
- Schmidt v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
3Cited by33 opinions
- Schell v. DuBoisOhio Supreme Court · 1916
- Watts v. Montgomery Traction Co.Supreme Court of Alabama · 1912
- Johnson v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1954
- Anderson v. SettergrenSupreme Court of Minnesota · 1907
- Hamilton v. Minneapolis Desk Manufacturing Co.Supreme Court of Minnesota · 1899
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