Clark v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Freeborn county, Farmer, J., presiding, sustaining the demurrer of the defendant, the Chicago, Milwaukee & St. Paul Bailway Company, to the complaint.
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Appeal by plaintiff from an order of the district court for Freeborn county, Farmer, J., presiding, sustaining the demurrer of the defendant, the Chicago, Milwaukee & St. Paul Bailway Company, to the complaint. A party, charging negligence as the ground of an action, must allege and prove it; it is the gist of his action; he must show that the defendant, by his act or omission, has violated some duty incumbent upon him, which violation of duty has caused the injury complained of. Field, J., in The Nitro-Glycerine Case, 15 Wall. 524. Negligence is a conclusion of law, which flows from the…
1Opinion of the CourtMitchell, J.
This is an appeal from an order sustaining a demurrer to the complaint. The ground of demurrer was that the complaint did not .state facts sufficient to constitute a cause of action. The here material allegations of the complaint are as follows: “That, heretofore, to wit, on or about the sixth day of September, A. D. 1880, the servant of this plaintiff was lawfully travelling in a wagon drawn by two horses, all the property of this plaintiff, along the public highway in the town of Carlston, in said county of Freeborn,. *71which public highway crosses said railroad operated by said defendants,…
2Cases cited4 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Brown v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Grinde v. M. & St. P. R. Co.Supreme Court of Iowa · 1876
- Wilson v. Northern Pacific RailroadSupreme Court of Minnesota · 1879
3Cited by40 opinions
- Hoppe v. KlapperichSupreme Court of Minnesota · 1947
- Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Fisher v. ParrCourt of Appeals of Maryland · 1901
- Mendota Electric Co. v. New York Indemnity Co.Supreme Court of Minnesota · 1926
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