Krebs v. Minneapolis & St. Louis Railway Co.

Rothrock, Oh. J.

-The amount in controversy is less than one hundred dollars, and the circuit court certified the following question for the opinion of this court:

“ Where the plaintiff’s horse was at large in the nighttime, on the premises of another, in violation of the night herd law, which was then in force in said county, and was killed by the defendant’s train, without fault or negligence of defendant, at a point where the defendant had a right to fence, but did not, is the defendant liable for the value of the horse. In other words, what is desired is a construction of section 1289 of…