Legal Opinion

Holtz v. Minneapolis & St. Louis Railway Co.

Supreme Court of Minnesota

Decided August 18, 1882PublishedCited by 2 opinions

Appeal by defendant from an order of the district court for Waseca county, Buckham, J., presiding, refusing a new trial. cited Morrison v. N. Y. & N. H. B. Go., 32 Barb. 568; Morrison v. Erie Ry. Go., 56 N. Y. 302; Bennett v. Ghie. é N. W. Ry. Go. 19 Wis. 145; Great Western R. Co. v. Morthland, 30 Ill. 451; Wharton on Negligence, § 335; Gen. St. 1878, c. 34, § 57.

1Opinion of the Court

Vanderburgh, J.*

This action is brought to recover the value of domestic animals killed on defendant’s railroad track. The defendant’s railroad runs through plaintiff’s farm, and in July, 1880, a calf belonging to him was killed by defendant’s cars, and two of his sheep in December following. The defendant had previously built a fence on each side of its right of way. We have no doubt that in such case, (assuming that the fences were legally sufficient when built,) the burden of proof rests upon the plaintiff to show that the defendant corporation was guilty of negligence in failing to…

2Cases cited1 opinion

  1. Schubert v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1880

3Cited by2 opinions

  1. Evans v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1883
  2. Bank of Anderson v. BreedinSupreme Court of South Carolina · 1922

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