Cumming v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Ramsey county; Covoan, J. Action by John Cumming against the Great Northern Railway Company. Judgment for plaintiff, and defendant appeals. It is negligence to turn cattle loose in defiance of the herd law, and this alone will preclude a recovery, in the absence of a requirement of a railroad to fence its track. Hannah v. Terre Haute Ry. Co. 21 N. E. 903; Schneekloth v. C. & N. W. Ry. Co. 65 1\. W. 663; Moser v. St. P. & D. Ry.
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Appeal from District Court, Ramsey county; Covoan, J. Action by John Cumming against the Great Northern Railway Company. Judgment for plaintiff, and defendant appeals. It is negligence to turn cattle loose in defiance of the herd law, and this alone will preclude a recovery, in the absence of a requirement of a railroad to fence its track. Hannah v. Terre Haute Ry. Co. 21 N. E. 903; Schneekloth v. C. & N. W. Ry. Co. 65 1\. W. 663; Moser v. St. P. & D. Ry. Co. 44 N. W. 530; Denver & R. G. Rjl Co. v. Stewart, 28 Pac. 658; Robinson v. Flint & P. M. Ry. Co. 44 N. W. 779; 19 Am. St. Rep. 174;…
1Opinion of the CourtEngerud, J.
This is an appeal from a judgment awarding plaintiff damages for the alleged negligent killing of a cow by defendant. It is admitted that the animal was injured by being struck by a passenger train. The cow was trespassing on the defendant’s right of way on the 18th of May, and had been permitted by plaintiff to run at large, contrary to law, and graze along the railroad track, which was unfenced; the company being under no obligation to fence. Under such circumstances, the company is not liable, unless its servants failed to use ordinary care to avoid the accident after discovering the…
2Cases cited2 opinions
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Hanson v. LindstromNorth Dakota Supreme Court · 1906
3Cited by7 opinions
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1914
- Hanson v. LindstromNorth Dakota Supreme Court · 1906
- Olson v. Union Central Life InsuranceNorth Dakota Supreme Court · 1929
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1909
- Clair v. Northern Pacific Railway Co.North Dakota Supreme Court · 1911
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