Mooers c. Northern Pacific Railroad
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court for Morrison county, Searle, J., denying plaintiff’s motion for a new trial.
1Opinion of the CourtCollins, J.
Action to recover tbe value of four borses killed by one of defendant’s passenger trains, in wbicb the court below directed a verdict for defendant when tbe parties closed tbe evidence.
At the argument in this court, counsel for plaintiff practically waived tbe question of defendant’s negligence in failing to keep closed a gate in tbe fence along its right of way, through wbicb open gateway it appeared that tbe borses went upon tbe track, and rested bis claim for a reversal upon tbe ground that there was evidence which would have supported a finding that tbe trainmen failed to use reasonable…
2Cases cited3 opinions
- Scheffler v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Christenson v. American Express Co.Supreme Court of Minnesota · 1870
- Hepfel v. St. Paul, Minneapolis & Manitoba Ry. Co.Supreme Court of Minnesota · 1892
3Cited by5 opinions
- Lindemann v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1923
- Kommerstad v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Harper v. St. Paul City Railway Co.Supreme Court of Minnesota · 1906
- Best v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- Clement v. Adams Express Co.Superior Court of Pennsylvania · 1910