Byrne v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Plaintiff, being owner of land on both sides of a natural watercourse, crossed by defendant’s railway, brought this action in the district court for Le Sueur county to recover damages for the flooding of his land, occasioned by the railroad embankment. At. the trial before Macdonald, J., and a jury, the plaintiff had a verdict, on which judgment was entered, and the defendant appealed.
1Opinion of the CourtMitchell, J.
The objection that there is no evidence to support the verdict cannot be raised in this court where there has been no motion for a new trial in the court below. Kelly v. Rogers, 21 Minn. 146.
The subject of inquiry being the value of the crop of grass destroyed on the, meadow of plaintiff, the plaintiff, as a witness in his own behalf, was asked, “What was the value of the growing grass on that land, had it not been destroyed, as it was, by this flooding water?” To this evidence defendant objected, on the ground that the witness had not been shown to be competent to testify on the subject of…
2Cases cited1 opinion
- Kelly v. RogersSupreme Court of Minnesota · 1874
3Cited by5 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Grimm v. GrimmSupreme Court of Minnesota · 1934
- Barker v. ToddSupreme Court of Minnesota · 1887
- Barringer v. StoltzSupreme Court of Minnesota · 1888