Green v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Sherburne county, Baxter, J., denying a motion for a new trial, after a verdict of $195.84 in favor of plaintiff.
1Opinion of the CourtStart, C. J.
The plaintiff, by this action, claims to recover for the value of a horse killed, as she alleges, by reason of the defendant’s negligence, in failing to fence its railway track. This is the second appeal in this cause. 55 Minn. 192, 56 N. W. 752. It is substantially admitted by both parties that the horse was running at large on the day it was killed, and came upon the defendant’s railway track at a point where the defendant was bound to maintain a fence, but had failed to do so. From this point it ran along the center of the track, at a high rate of speed, jumped a cattle guard at a private…
2Cases cited2 opinions
- Cox v. Minneapolis, Sault Ste. Marie & Atlantic Railway Co.Supreme Court of Minnesota · 1889
- Green v. St. Paul, Minneapolis & Manitoba Ry. Co.Supreme Court of Minnesota · 1893
3Cited by1 opinion
- Fort Worth & Rio Grande Railway Co. v. SwanTexas Supreme Court · 1904