Ericson v. Duluth & Iron Range R.
Supreme Court of Minnesota
Appeal by defendant, the Duluth and Iron Range Railroad Company, from an order of the Municipal Court of the City of Duluth, Roger S. Powell, J., made October 27, 1893, denying its motion for a new trial. The plaintiff, Eric Ericson, resided at Biwabik, a station on defendant’s railroad. The country was new and the railroad unfenced. He permitted his cow to run at large during the day time and graze on the commons and in the village streets.
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Appeal by defendant, the Duluth and Iron Range Railroad Company, from an order of the Municipal Court of the City of Duluth, Roger S. Powell, J., made October 27, 1893, denying its motion for a new trial. The plaintiff, Eric Ericson, resided at Biwabik, a station on defendant’s railroad. The country was new and the railroad unfenced. He permitted his cow to run at large during the day time and graze on the commons and in the village streets. On July 8,1893, she went upon the railroad track at a place two miles west of the station and was struck by one of defendant’s trains and killed. He…
1Opinion of the CourtMitchell, J.
It is the settled doctrine of this court that, while the statutory liability of railway companies for domestic animals killed or injured by reason of their failure to fence their roads is *28subject to the general rule that a person cannot recover whose* negligence has proximately contributed to the injury complained of, yet the mere fact of voluntarily permitting animals to unlawfully run at large does not, as between the owner and the railway company, amount, per se, to contributory negligence. Johnson v. Chicago, M. & St. P. Ry. Co., 29 Minn. 425, (13 N. W. 673;) Watier v. Chicago, St. P., M.…
2Cases cited4 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- Green v. St. Paul, Minneapolis & Manitoba Ry. Co.Supreme Court of Minnesota · 1893
- Moser v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1890
- Watier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1883
3Cited by9 opinions
- Schaar v. ConforthSupreme Court of Minnesota · 1915
- Mechler v. McMahonSupreme Court of Minnesota · 1931
- Armstead v. LounsberrySupreme Court of Minnesota · 1915
- Day v. Duluth Street Railway Co.Supreme Court of Minnesota · 1913
- Oddie v. MendenhallSupreme Court of Minnesota · 1901
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