O'Connor v. Chicago, Milwaukee & St. Paul Railway
Supreme Court of Minnesota
Action to recover the value of certain horses of plaintiff, which were struck and killed by a freight train on a trestle-work on the river division of the plaintiff’s railway, a few miles south of St. Paul. The train was going north. It was claimed by the plaintiff that the horses went upon the track at a point 1,920 feet south of the trestle, where there was a private crossing and gate.
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Action to recover the value of certain horses of plaintiff, which were struck and killed by a freight train on a trestle-work on the river division of the plaintiff’s railway, a few miles south of St. Paul. The train was going north. It was claimed by the plaintiff that the horses went upon the track at a point 1,920 feet south of the trestle, where there was a private crossing and gate. A culvert, which horses could not cross, was situated 870 feet south of the crossing, and 600 feet north of plaintiff’s fence. The track was straight from the culvert north to the gate, and from the gate…
1Opinion of the CourtGilfillan, C. J.
Under the rule laid down by this court in Locke v. First Div. St. Paul & Pac. R. Co., 15 Minn. 350, and approved and followed in Witherell v. Milwaukee & St. Paul Ry. Co., 24 Minn. 410, as to the liability of railroad companies for injuries done to animals trespassing upon their tracks, there was sufficient evidence to sustain the verdict in this case. If the jury believed, as they seem to have done, the testimony of plaintiffs’ witnesses as to the location of the train when those in charge appear to have discovered the horses on the track, as to the character of the track, and the difficulty…
2Cases cited13 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Toledo & Wabash Railway Co. v. GoddardIndiana Supreme Court · 1865
- Harriman v. StoweSupreme Court of Missouri · 1874
- Packet Co. v. CloughSupreme Court of the United States · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Keyser v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1887
- Roach v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
- Lambrecht v. SchreyerSupreme Court of Minnesota · 1915
- Conlan v. GraceSupreme Court of Minnesota · 1886
- Merkle v. Township of BenningtonMichigan Supreme Court · 1885
24 more not listed; retrieve them via the Exa API.