Sarja v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the municipal court of Duluth to recover $110 for injuring- and killing domestic animals. The case was tried before Windom, J.,. and a jury, which returned a verdict in favor of the plaintiff for the amount stated. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed to-the district court for St. Louis county.
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Action in the municipal court of Duluth to recover $110 for injuring- and killing domestic animals. The case was tried before Windom, J.,. and a jury, which returned a verdict in favor of the plaintiff for the amount stated. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed to-the district court for St. Louis county. From an order of the district court, Ensign, Cant, and Dibell, JJ., affirming the order of the municipal court, defendant appealed.
1Opinion of the Court
.LEWIS, J.
Respondent is the owner of forty acres of land in an unsettled portion of St. Rauis county. Appellant’s right of way crosses one corner thereof. About twenty acres of the land was cleared, and the house .stood in the clearing, a few hundred feet from the right of way. Respondent had built a fence around the cleared portion of his land, .and that part of the fence opposite the right of way was of a temporary .nature, probably built of trees and brush when the land was cleared some four years before. The rest of the fence was sufficient to turn stock. Respondent owned eight head of…
2Cases cited5 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- Ericson v. Duluth & Iron Range R.Supreme Court of Minnesota · 1894
- Green v. St. Paul, Minneapolis & Manitoba Ry. Co.Supreme Court of Minnesota · 1893
- Moser v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1890
- Watier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1883
3Cited by1 opinion
- Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907