Nelson v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Freeborn county, to recover damages for defendant’s failure to fence its railway where it crosses his land. At the trial before Farmer, J., plaintiff had a verdict of $700. The defendant appeals from the judgment.
1Opinion of the Court
Mitchell, J.1
1. This action is similar to that of Emmons v. Minn, & St. Louis Ry. Co., 35 Minn. 503, (29 N. W. Rep. 202,) in which we held that, under Gen. St. 1878, e. 34, § 57,'a railway company is liable for damages to an abutting farm, rendering its use less valuable, caused by a failure to fence its road. Counsel for the defendant asks us to reconsider the question, and overrule that case. After a careful consideration of his argument our views remain unchanged.
We do not purpose to re-enter upon a discussion of the question further than to say that we think the fallacy of counsel’s…
2Cases cited2 opinions
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
3Cited by11 opinions
- E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
- Standard Supply Co. v. Carter HarrisSupreme Court of South Carolina · 1908
- White Roofing Company v. WheelerAlabama Court of Appeals · 1957
- Otis Elevator Co. v. Standard Const. Co.District Court, D. Minnesota · 1950
- Ford Motor Co. v. City of MinneapolisSupreme Court of Minnesota · 1920
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