Emmons v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
After the decision of the former appeal in this action, which is reported in 35 Minn. 503, the action was again tried, before Farmer, J., and a jury, in the district court for Freeborn county.
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After the decision of the former appeal in this action, which is reported in 35 Minn. 503, the action was again tried, before Farmer, J., and a jury, in the district court for Freeborn county. Upon the trial, evidence having been given in support of the allegations of the complaint, it was agreed that the cost of building and maintaining the railroad fence along plaintiff’s farm would have been $125. The court thereupon ruled that the measure of damages was the difference between the rental value of the farm with the railroad lawfully fenced and the rental value with the railroad unfenced,…
1Opinion of the CourtDickinson, J.
In 1879, the defendant acquired from the plaintiff, by purchase, the right of way for its railroad across the plaintiff’s farm, and has ever since operated its railroad over the same. During this period the farm has been fenced, except along the railroad, where no fence has been built. In this action the plaintiff, who has been in the occupation of his farm, cultivating the same and raising stock, seeks to recover damages for the neglect of the defendant to construct fences, as by statute it was required to do. Upon a former appeal in this action, involving the sufficiency of the complaint,…
2Cases cited2 opinions
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
3Cited by9 opinions
- Robinette v. PriceSupreme Court of Minnesota · 1943
- Nelson v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1889
- Frisch v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1905
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1889
- Lake Erie & Western Railway Co. v. GriffinIndiana Court of Appeals · 1899
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