Witherell v. Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
This action was commenced before a justice of the peace-in Dakota county, and subsequently brought by appeal upon questions of law and fact to the district court for the same-county, where it was tried by Crosby, J., and a jury. The action was brought to recover damages for the killing of a colt, through the alleged negligence of the defendant.
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This action was commenced before a justice of the peace-in Dakota county, and subsequently brought by appeal upon questions of law and fact to the district court for the same-county, where it was tried by Crosby, J., and a jury. The action was brought to recover damages for the killing of a colt, through the alleged negligence of the defendant. Plaintiff having rested, the defendant moved for a nonsuit, upon the ground that the evidence disclosed no cause of action against the defendant; the colt having been a trespasser,, and the defendant not being liable except for the wilful injury or…
1Opinion of the CourtBerry, J.
This action is brought to recover damages for the killing of plaintiff’s colt, through the alleged negligent management of one of defendant’s railroad trains.
A verdict having been rendered for the plaintiff, the defendant moved for a new trial, on the ground that the verdict was not justified by the evidence, and that errors of law occurred upon the -trial, which were duly excepted to.
As appears from the evidence, and is admitted by the plaintiff’s counsel, the colt was a trespasser upon defendant’s premises, and the defendant in no way responsible for his being there. The ease was tried upon…
2Cases cited2 opinions
- Locke v. First Div. of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1870
- Donaldson v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
3Cited by10 opinions
- Anderson v. State, Department of Natural ResourcesSupreme Court of Minnesota · 2005
- O'Connor v. Chicago, Milwaukee & St. Paul RailwaySupreme Court of Minnesota · 1880
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- Hohl v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
- Stacey v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1889
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