Foss v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Plaintiffs brought this action before a justice of the peace in McLeod county, to recover the value of a horse alleged to have been killed through the negligence of defendant’s employes. Judgment having* been rendered in favor of plaintiffs, the defendant appealed to the district court for the same county, where the action was tried before Macdonald, J., and a jury, and plaintiffs had a verdict. A new trial was denied and judgment was entered, from which defendant appeals.
1Opinion of the Court
Gileillan, C. J.1
On both the questions of defendant’s and plaintiffs’ negligence, the case was fairly one for the jury. It appears that along the south side of defendant’s freight depot, at Brownton, there *393runs a narrow platform used for loading and unloading freight, and receiving it for transportation; that along this platform runs a side track so near, as is fair to infer from the evidence, that a horse and dray could not be driven beside the platform without being, partly at least, on the track; that the track is in a cut, so that to a horse and dray, entering at one end of the depot to…
2Cited by1 opinion
- Eckert v. Great Northern Railway Co.Supreme Court of Minnesota · 1908