Keyes v. Minneapolis & St. Louis Railway Co.

This was an action to recover damages for injuries ■sustained by plaintiff in his person and property, and caused by an obstruction (a barbed-wire fence) which it is alleged defendant unlawfully and negligently placed across a public road, and with which plaintiff collided while lawfully driving along such highway. It .will be observed that the gist of plaintiff’s cause of action against defendant is not mere negligence, — that is, negligently doing an otherwise lawful act, — but the doing of an act which it had no right to do at all, —viz., obstructing a public highway. This eliminates from…