Legal Opinion

Cole v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

Supreme Court of Minnesota

Decided January 26, 1912No. Nos. 17,420—(185)PublishedCited by 4 opinions

Action in the district court for Hennepin county to recover $1,400, ■damages for injuries to five horses while in defendant’s possession as carrier. The case was tried before Steele, J., and a jury which returned a verdict in favor of plaintiffs for $5Y5. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. One ground for the motion of defendant was misconduct on the part of the prevailing party on the trial of the action.

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Action in the district court for Hennepin county to recover $1,400, ■damages for injuries to five horses while in defendant’s possession as carrier. The case was tried before Steele, J., and a jury which returned a verdict in favor of plaintiffs for $5Y5. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. One ground for the motion of defendant was misconduct on the part of the prevailing party on the trial of the action. The affidavits attached to the notice of motion asserted that in plaintiffs’ Exhibit A, mentioned in the opinion, the figure on the…

1Opinion of the CourtBunn, J.

This action was brought to recover damages for injuries to five horses, claimed to have been caused by defendant’s negligence while the horses were in its possession as carrier.

The complaint alleged that ten horses belonging to plaintiffs were delivered in good condition to defendant at Trout Lake, Wisconsin, to be transported to Minneapolis; that defendant handled the horses roughly and carelessly in transporting them; and that through its negligence five of the horses were bruised, maimed and injured, to plaintiff’s damage in the sum of $1,400.

The answer admitted that plaintiffs delivered…

2Cases cited2 opinions

  1. Alair v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
  2. Boehl v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890

3Cited by4 opinions

  1. S. G. Palmer Co. v. Illinois Central RailroadSupreme Court of Minnesota · 1925
  2. Zimmerman v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1918
  3. Tredway v. Western Union Telegraph Co.Supreme Court of Minnesota · 1916
  4. Wood v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1912

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