Johnson v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Goodhue county, where the action was tried before McCluer, J., a verdict of $35 returned for plaintiff, and a new trial refused. The action was begun in justice’s court.
1Opinion of the CourtCollins, J.
Action to recover the value of a cow alleged to have been killed by the negligence of an engineer having charge of a locomotive in operation upon defendant’s road.
1. The injuries from which the animal died were inflicted at a point upon a public highway where it was crossed by defendant’s tracks, at a season of the year when cattle are prohibited, by the provisions of Gen. St. 1878, c. 10, § 16, subd. 6, from going at large. She was not under restraint or control in any manner, was roaming at will upon the public highway, and was “at large” in violation of the statute. The trial court erred…
2Cases cited1 opinion
- Stacey v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1889
3Cited by1 opinion
- Reddington v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1899