Whittier v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
This action was brought in the district court for Dakota-county, to recover the value of fifteen head of cattle, alleged-to have been killed through the negligence of the'defendant..
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This action was brought in the district court for Dakota-county, to recover the value of fifteen head of cattle, alleged-to have been killed through the negligence of the'defendant.. The complaint alleged that the defendant was operating the-road of the Hastings & Dakota Railway at the time of the-alleged negligence, and “was daily running trains of cars over said road without building and maintaining a good and sufficient fence, where the same passed through * * and. over the lands belonging to the plaintiff, as required by chapter 25, General Laws of the State of Minnesota, for the…
1Opinion of the CourtBerry, J.
This action is brought to recover damages for running into the plaintiff’s cattle with a railway train, and killing them, upon the track of the Hastings & Dakota Railway, which was being operated by defendant.
The complaint is framed upon the idea that sections 1 and 2, e. 25, Laws 1872, entitled “An act to compel all railroad companies within this state to build proper cattle guards and fences, ” apply to the Hastings & Dakota Railway Company. Judicially speaking, this is to be presumed to be the fact, in the absence (as in the case at bar) of any charter provision, pleaded and proved, by…
2Cases cited1 opinion
- Hocum v. WeitherickSupreme Court of Minnesota · 1875
3Cited by6 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- Buford v. Louisville & N. R. Co.Tennessee Supreme Court · 1921
- Schubert v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1880
- Whittier v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1880
- Atkinson v. ThompsonSupreme Court of Kansas · 1958
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