Chisholm v. Northern Pacific Railroad
Supreme Court of Minnesota
Appeal by defendant, the Northern Pacific Railroad Company, from a judgment of the District Court of Crow Wing County, Geo. W. Holland, J., entered June 10, 1892, against it for $184.57. November 10, 1891, five cows belonging to plaintiff, John E. Chisholm, were killed at a farm crossing on defendant’s railroad in Todd County. He brought this action in the Municipal Court of the City of Brainard, and obtained judgment for their value.
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Appeal by defendant, the Northern Pacific Railroad Company, from a judgment of the District Court of Crow Wing County, Geo. W. Holland, J., entered June 10, 1892, against it for $184.57. November 10, 1891, five cows belonging to plaintiff, John E. Chisholm, were killed at a farm crossing on defendant’s railroad in Todd County. He brought this action in the Municipal Court of the City of Brainard, and obtained judgment for their value. Defendant-appealed to -the District Court on questions of both law and fact, and the case was again tried in that court on April 5,1892, when plaintiff had a…
1Opinion of the CourtMitchell, J.
The evidence is undisputed that plaintiff’s cattle escaped from an inclosure near, but not adjoining, defendant’s railway, and then got upon the railway at a farm crossing, through an open gate constituting a part of the fence which the defendant was required to maintain along its road.
It is urged that plaintiff himself was guilty of negligence because the field in which he put his cattle was not inclosed with a proper *123fence, but we think the most that can be claimed for the evidence on this point is that it made a question for the jury.
If, as defendant claims, the gate had been in all…
2Cases cited1 opinion
- Carney v. BaldwinMichigan Supreme Court · 1893
3Cited by1 opinion
- Lindemann v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1923