Johnson v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Dakota county, where the action was tried before McCluer, J., and a jury, and defendant’s motion for a new trial was denied. The case is stated in the opinion. When the cause was called for trial, defendant made an application for a continuance to the next term of court.
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Appeal by defendant from a judgment of the district court for Dakota county, where the action was tried before McCluer, J., and a jury, and defendant’s motion for a new trial was denied. The case is stated in the opinion. When the cause was called for trial, defendant made an application for a continuance to the next term of court. This application was based upon the affidavit of defendant’s attorney, which stated, substantially, that at the time when the fire occurred there was “a Norwegian girl or woman” employed in the Niskern House as a servant; that if she were present and examined in…
1Opinion of the CourtDickinson, J.
This action was brought to recover for the burning of a barn and other property of the plaintiff, which is alleged to have been caused by fire negligently suffered to escape from a locomotive of the defendant. The fire occurred in the village of Farmington. It commenced either in a pile of corn-stalks, lying in an alley and against the barn of one Niskern, which stood just outside the depot-grounds of the defendant, or else it commenced within the barn. The wind was very violent, and fire was communicated from Niskern’s burning barn to another barn standing near, and thence to that of the…
2Cases cited10 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Henry v. Southern Pacific RailroadCalifornia Supreme Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Anderson v. Oregon RailroadOregon Supreme Court · 1904
- Paxton v. StateNebraska Supreme Court · 1899
- Campbell v. City of StillwaterSupreme Court of Minnesota · 1884
- Fairchild v. FlemingSupreme Court of Minnesota · 1914
11 more not listed; retrieve them via the Exa API.