Nelson v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial. The case is stated in the opinion. cited Morrison v. Davis, 20 Pa.
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Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial. The case is stated in the opinion. cited Morrison v. Davis, 20 Pa. St. 171; Railway Co. v. Reeves, 10 Wall. 176; Denny v. N. Y. C. R. Co., 13'Gray, 481; A., T. & S. F. R. Co. v. Edwards, 20 Kan. 531. The neglect of the statutory duty to fence was a proximate cause oí the injury. 2 Thompson on Negligence, 1232; Cooley on Torts, 7ü; Siemers v. Eisen, 54 Cal. 418; Salisbury v. Herchenroder, 106 Mass. 458; Mil. c6 St. P. Ry. Co. v. Kellogg, 94 U. S. 469; Clemens v. Hannibal cO…
1Opinion of the CourtMitchell, J.
This was an action to recover the value of a mule alleged to have been fatally injured by reason of defendant’s neglect to fence its road as required by law. As disclosed by the evidence the facts were these: The track of defendant’s road was not fenced where it crosses plaintiff’s land. One evening, as plaintiff was leading a span of mules to water, they, without fault on his part, escaped from him and ran upon the railroad, where one of them, while running along the track, broke his leg. The evidence is very meagre as to how the accident occurred, and leaves the matter largely to…
2Cases cited3 opinions
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Siemers v. EisenCalifornia Supreme Court · 1880
- Holden v. Rutland & Burlington RailroadSupreme Court of Vermont · 1858
3Cited by21 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Campbell v. City of StillwaterSupreme Court of Minnesota · 1884
- Hartvig v. N. P. L. Co.Oregon Supreme Court · 1890
- Erickson v. Great Northern Railway Co.Supreme Court of Minnesota · 1900
- Hysell v. Swift & Co.Missouri Court of Appeals · 1899
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