Reinke v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal by defendant from a judgment of tbe District Court for Richland County, Allan, J., in plaintiff’s favor in an action brought to recover for injuries to plaintiff’s horses, alleged to have been caused by defendant’s negligence. Railway owes no duty to the animal or its owner to keep a lookout. Bostwick v. Minneapolis & P. R. Co. 2 N. D. 440, 51 N. W. 781; Hodgins v. Minneapolis, St. P. & S. Ste.
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Appeal by defendant from a judgment of tbe District Court for Richland County, Allan, J., in plaintiff’s favor in an action brought to recover for injuries to plaintiff’s horses, alleged to have been caused by defendant’s negligence. Railway owes no duty to the animal or its owner to keep a lookout. Bostwick v. Minneapolis & P. R. Co. 2 N. D. 440, 51 N. W. 781; Hodgins v. Minneapolis, St. P. & S. Ste. M. R. Co. 3 N. D. 382, 56 N. W. 139; Corbett v. Great Northern R. Co. 19 N. D. 450, 125 N. W. 1054. Instructions as to care only being requisite after discovery of the stock, unnecessary.…
1Opinion of the Court
Spalding, Ch. J.
This action was brought to recover for two horses alleged -to have been killed, and for harnesses injured, by the negligent management and running of a locomotive and cars belonging to the appellant, on or about the 12th day of January, 1907, while on section 34, in township 13 North, of range 50 West, in Richland county, 3 or 4 *184miles northwest of the village of Hankinson. There is no dispute about the killing. The record shows that the horses must have been killed between 10 or 11 o’clock in the evening of January 11th, and about 2 o’clock in the afternoon of January 12th.…
2Cases cited6 opinions
- M. & L. R. R. R. v. KerrSupreme Court of Arkansas · 1889
- Hodgins v. Minneapolis, St. Paul & Sault Ste. Marie RailroadNorth Dakota Supreme Court · 1893
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Borneman v. Chicago, St. P., M. & O. Ry. Co.South Dakota Supreme Court · 1905
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stoeber v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1918
- Snyder v. Northern Pacific Railway Co.North Dakota Supreme Court · 1939
- Stoeber v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1918