Legal Opinion

Berg v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided December 2, 1897No. Nos. 10,806, 10,807-(157, 158)PublishedCited by 13 opinions

Actions in the district court for Clay county to recover $2,000 each for personal injuries suffered by the plaintiffs respectively. The cases were tried together, it being stipulated in open court that the amount, if any, to be recovered in the Andseth case should be $850. From a judgment for defendant entered pursuant to findings and an order for judgment, Baxter, J., each plaintiff appealed.

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Actions in the district court for Clay county to recover $2,000 each for personal injuries suffered by the plaintiffs respectively. The cases were tried together, it being stipulated in open court that the amount, if any, to be recovered in the Andseth case should be $850. From a judgment for defendant entered pursuant to findings and an order for judgment, Baxter, J., each plaintiff appealed. After service of the notices of appeal, it was stipulated between the attorneys of the respective parties that, “the evidence produced on the trial of the above entitled actions in the court below being…

1Opinion of the CourtMitchell, J.

The defendant negligently set a fire on its right of way, which spread over the prairie and upon the premises of the plaintiff, Andseth. When he saw the fire coming, he and his hired man, Berg, went out to take measures to save from the approaching fire some haystacks belonging to Andseth and situated on his own land. They went to one stack and burned a firebreak around it, and then went to another stack about sixty rods distant and were attempting to do the same thing there when they discovered that the fire was rapidly approaching them. The fire being then on three sides of them and the…

2Cases cited3 opinions

  1. Liming v. Illinois Central RailroadSupreme Court of Iowa · 1890
  2. Rajnowski v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1889
  3. Rajnowski v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1889

3Cited by13 opinions

  1. Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
  2. Martin v. George Hyman Construction Co.District of Columbia Court of Appeals · 1978
  3. Chattanooga Light & Power Co. v. HodgesTennessee Supreme Court · 1902
  4. Wilson v. Northern Pacific Railway Co.North Dakota Supreme Court · 1915
  5. Pegram v. RailroadSupreme Court of North Carolina · 1905

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