Finch v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action brought in the district court for Faribault county, to recover damages for failure of defendant to fence its railway through plaintiff’s farm, thereby destroying its value for the purpose of raising stock on it, etc.
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Action brought in the district court for Faribault county, to recover damages for failure of defendant to fence its railway through plaintiff’s farm, thereby destroying its value for the purpose of raising stock on it, etc. At the trial before Severance, J., under instruction that the measure of damages was the diminution (if any) of the rental value of the farm, during the six years next before suit brought, by reason of the absence of fences, the plaintiff had a verdict of $900. The defendant appeals from an order refusing a new trial.
1Opinion of the CourtGilfillan, C. J.
In Gillam v. Sioux City & St. Paul R. Co., 26 Minn. 268, (3 N. W. Rep. 353,) Laws 1877, c. 73, § 1, amending Laws 1876, c. 24, § 4, the section so amended being section 57, c. 34, Gen. St. 1878, imposing on railroad companies liability for damages sustained by any person in consequence of failure or neglect to fence their roads, was held to be a police regulation, and to apply to all railroad companies, and to subject all companies, without regard to the provisions of their charters, to the same duties and liabilities in the matter of maintaining fences, cattle-guards, etc. If section 1 of…
2Cases cited4 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Nelson v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1889
- Gillam v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1879
3Cited by4 opinions
- People v. HinkleCalifornia Court of Appeal · 1923
- People v. KimbroughMichigan Supreme Court · 1916
- Grimm v. GrimmSupreme Court of Minnesota · 1934
- Gould v. Great Northern Railway Co.Supreme Court of Minnesota · 1895