Little v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county. The complaint alleged that plaintiff was the owner of certain lands in Polk county, Wisconsin, adjacent to defendant’s railway, and of certain personal property thereon, and that defendant, while running its train past said land, by its negligence set a fire which damaged the land and burned the personal property.
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Action in the district court for Ramsey county. The complaint alleged that plaintiff was the owner of certain lands in Polk county, Wisconsin, adjacent to defendant’s railway, and of certain personal property thereon, and that defendant, while running its train past said land, by its negligence set a fire which damaged the land and burned the personal property. Defendant answered on the merits, and also in the seventh paragraph of the answer alleged that the court had not jurisdiction because the legislature of Wisconsin, prior to the time at which the alleged damages arose, enacted that all…
1Opinion of the CourtMitchell, J.
This action was brought to recover damages for 'injuries to real estate situated in Wisconsin, caused by the negligence ■of the defendant. The question presented is, can the courts of this state take cognizance of actions to recover damages to real estate lying without the state; in other words, is such an action local or ■transitory in its nature?
The history of the progress of the English common law respecting the locality of actions will aid in determining how this question ought to be decided on principle. Originally, all actions were local] This arose out of the constitution of the old…
2Cases cited5 opinions
- Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Barney v. BurstenbinderNew York Supreme Court · 1872
- Whidden v. SeelyeSupreme Judicial Court of Maine · 1885
- Titus v. Inhabitants of FrankfortSupreme Judicial Court of Maine · 1838
3Cited by23 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Raphael J. Musicus, Inc. v. Safeway Stores, IncorporatedCourt of Appeals for the Seventh Circuit · 1984
- State Ex Rel. Nyquist v. District Court of Swift CountySupreme Court of Minnesota · 1925
- Laslie v. Gragg Lumber Co.Supreme Court of Georgia · 1937
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