Legal Opinion

Halverson v. Chicago, Milwaukee & St. Paul Railroad

Supreme Court of Minnesota

Decided May 4, 1894No. 8767PublishedCited by 5 opinions

Appeal by defendant, tbe Chicago, Milwaukee and St. Paul Railroad Company, from an order of the District Court of Fillmore County, John Whytock, J., made September 11, 1893, denying its motion for a new trial. The plaintiff, Elmer Halverson, owned and occupied a farm on the line of defendant’s railroad near Peterson. There was a farm crossing on his land. The gate in the railroad fence on the south side of the track was defective.

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Appeal by defendant, tbe Chicago, Milwaukee and St. Paul Railroad Company, from an order of the District Court of Fillmore County, John Whytock, J., made September 11, 1893, denying its motion for a new trial. The plaintiff, Elmer Halverson, owned and occupied a farm on the line of defendant’s railroad near Peterson. There was a farm crossing on his land. The gate in the railroad fence on the south side of the track was defective. On August 19, 1892, two yearling colts belonging to plaintiff escaped through this gate onto the track and were killed by a passing train. He brought this action to…

1Opinion of the CourtCanty, J.

Defendant’s railroad runs through plaintiff’s farm. Two •of his colts escaped through a broken and imperfectly fastened gate in the fence of defendant along its track, and were killed, and he brings this action to recover damages therefor.

The question of defendant’s negligence- and plaintiff’s contributory negligence were for the jury, but we are of the opinion that there was an error in the admission of evidence.

Plaintiff was allowed to testify, against defendant’s objection, that the section boss, Johnson, told him that the colts were' worth $75 .apiece. There was no evidence that the…

2Cases cited3 opinions

  1. Doyle v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
  2. Wall v. Des Moines & Northwestern Railway Co.Supreme Court of Iowa · 1893
  3. Tessier v. Town of Lake PleasantSupreme Court of Minnesota · 1894

3Cited by5 opinions

  1. Rosted v. Great Northern Railway Co.Supreme Court of Minnesota · 1899
  2. Hedding v. SchaubleSupreme Court of Minnesota · 1920
  3. Parker v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1901
  4. Tessier v. Town of Lake PleasantSupreme Court of Minnesota · 1894
  5. Atchison, Topeka & Santa Fe Railway Co. v. CarrowArizona Supreme Court · 1916

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