Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, Barnes County; Glaspell, J. Action by F. P. Wright against the Minneapolis, St. Paul & Sault 'Ste. Marie Railway Company for the killing of plaintiff’s stock. Verdict and judgment for plaintiff. From an order denying its motion for a new trial, defendant appeals.
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Appeal from District Court, Barnes County; Glaspell, J. Action by F. P. Wright against the Minneapolis, St. Paul & Sault 'Ste. Marie Railway Company for the killing of plaintiff’s stock. Verdict and judgment for plaintiff. From an order denying its motion for a new trial, defendant appeals. The plaintiff, knowing that at the time of the injury, his cattle, including those killed, were in the habit of passing over the defendant’s track and right of way, and being thus exposed to danger and injury from passing trains, and having deliberately turned his stock, including those injured, into the…
1Opinion of the CourtCochrane, J.
Plaintiff’s farm is crossed by defendant’s railway in a northwesterly direction. A public road or highway runs north, and south through plaintiff’s farm, crossing the railroad track thirty rods northwest of plaintiff’s house. From this road, crossing eastward, defendant’s track is fenced on both sides to a point beyond the east boundary of plaintiff’s land, but at the east end these fences are not connected by an end fence. At the highway crossing there was a cattle guard between the rails, and the space between the cattle-guard on either side of the track and the fence was closed. This,…
2Cases cited15 opinions
- State ex rel. Standish v. BoucherNorth Dakota Supreme Court · 1893
- Robinson v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1890
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- O'Leary v. Brooks Elevator Co.North Dakota Supreme Court · 1898
- Bishop v. Chicago, Milwaukee & St. Paul Ry. Co.North Dakota Supreme Court · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
- Churchill & Alden Co. v. RamseySouth Dakota Supreme Court · 1922
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1914
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1910
- Cumming v. Great Northern Railway Co.North Dakota Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.