Evans v. St. Paul & Sioux City Railroad
Supreme Court of Minnesota
Action brought in the district court for Blue Earth county to recover the value of colts killed on defendant’s track by a passing train, ■Upon a trial before Severance, J., and a jury, plaintiff had a verdict, and defendant appeals from an order refusing a new trial. The case, is stated in the opinion. The court erred in refusing to charge as defendant requested. Illinois G. R. Go. v. Swearingen, 47 111. 206; Wooley v. Fry, 30 111. 158 ; Toledo á W. Ry.
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Action brought in the district court for Blue Earth county to recover the value of colts killed on defendant’s track by a passing train, ■Upon a trial before Severance, J., and a jury, plaintiff had a verdict, and defendant appeals from an order refusing a new trial. The case, is stated in the opinion. The court erred in refusing to charge as defendant requested. Illinois G. R. Go. v. Swearingen, 47 111. 206; Wooley v. Fry, 30 111. 158 ; Toledo á W. Ry. Go. v. Daniels, 21 Ind. 256; BlackweU v. Foster, 1 Met. (Ky.) 88; Eivalt v. Harding, 16 Md. 160; Hill v. Hobart, 16-Me. 164; Phoenix Ins.…
1Opinion of the CourtDickinson, J.
The plaintiff’s colts escaped from his pasture adjoining the line of the defendant’s railway, and were killed by a passing train, early on á Sunday morning in October. The railroad had *491been fenced, but the evidence tended to show that a gate in the fence, between the pasture and the railroad, was in a defective condition prior to and at the time of the accident, so that it would spring open, and that, if animals should push against it with much force, it would -fall. The evidence shows that the animals passed through this gate.way to the railroad track. There was evidence tending to show…
2Cases cited3 opinions
- Antisdel v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Schubert v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1880
- Holtz v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1882
3Cited by2 opinions
- Lyons v. City of Red WingSupreme Court of Minnesota · 1899
- Holm v. SandbergSupreme Court of Minnesota · 1884