Neibles v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
The plaintiff brought this action in a justice’s court, upon the contract set out in the opinion, and recovered judgment. The defendant appealed, upon questions of law and fact, to the district court for Le Sueur county, where the action was tried before Macdonald, J., without a jury, and judgment directed for plaintiff. Defendant appeals from an order by Edson, J., refusing a new trial.
1Opinion of the CourtDickinson, J.
This action was commenced in a justice’s court. The complaint sets forth a cause of action in the breach of a contract compromising an unliquidated demand of the plaintiff against the defendant for the negligent killing of the plaintiff's horse. The complaint alleges the negligence; the killing of the horse thereby; that the horse was of the value of $90; a mutual agreement, “as a compromise settlement and adjustment of the damages,” to pay on the one part, and on the other to accept in full payment, a stated sum, ’less than the alleged value of the horse; and a breach of the defendant’s…
2Cases cited3 opinions
- Perkins v. TrinkaSupreme Court of Minnesota · 1883
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- Rockford, Rock Island & St. Louis Railroad v. WilcoxIllinois Supreme Court · 1872
3Cited by11 opinions
- Montgomery v. GrenierSupreme Court of Minnesota · 1912
- Partello v. WhiteSupreme Court of Iowa · 1924
- Russell v. Palatine InsuranceMississippi Supreme Court · 1913
- Peterson v. HegnaSupreme Court of Minnesota · 1924
- Cairns v. LewisSupreme Court of Minnesota · 1926
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