Swanson v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Goodhue county to recover $300 damages for the killing of plaintiff’s horses, by reason of defendant’s negligence in failing to build, maintain, repair, and keep closed a fence. The case was tried before Williston, J., who, at the close of plaintiff’s testimony, granted defendant’s motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.
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Action in the district court for Goodhue county to recover $300 damages for the killing of plaintiff’s horses, by reason of defendant’s negligence in failing to build, maintain, repair, and keep closed a fence. The case was tried before Williston, J., who, at the close of plaintiff’s testimony, granted defendant’s motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed. It was the duty of the company to shut the gate and repair the fence. The case should have been submitted to the jury. G. S. 1894, §§ 2693, 2695; Green v. St. Paul, M. & M. Ry. Co., 60…
1Opinion of the CourtBrown, J.
This is an appeal from an order of the district court of Goodhue county denying plaintiff’s motion for a new trial after verdict for defendant. The action is to recover the value of certain horses heretofore owned by plaintiff, alleged to have strayed upon defendant’s railroad track through a defective fence along defendant’s right of way, and killed by one of its locomotives.
At the time the horses were killed, plaintiff was in possession of the land described in the complaint, and had been in the possession thereof, as tenant of the owner, for fifteen years prior thereto. During the year…
2Cases cited7 opinions
- Adams v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1891
- Bond v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1885
- Texas & Pacific Railway Co. v. GlennCourt of Appeals of Texas · 1894
- San Antonio & Aransas Pass Railway Co. v. RobinsonCourt of Appeals of Texas · 1897
- Diamond Brick Co. v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lindemann v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1923
- Dodge Bros. v. Central Vermont Railway Co.Supreme Court of Vermont · 1918
- Mooers v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1900
- Strobeck v. BrenSupreme Court of Minnesota · 1904