King v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Mower county to recover $225 damages for injuries to plaintiff’s horses, wagon, and harness. The court, Kingsley, J., made an order granting a motion for judgment on the pleadings in favor of plaintiff for the amount demanded. From a judgment entered pursuant to the order, defendant appealed.
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Action in the district court for Mower county to recover $225 damages for injuries to plaintiff’s horses, wagon, and harness. The court, Kingsley, J., made an order granting a motion for judgment on the pleadings in favor of plaintiff for the amount demanded. From a judgment entered pursuant to the order, defendant appealed. The former suit and the present suit are both based on one and the same cause of action, and the injuries to person and to property are but separate items of damage arising therefrom. All the damages from a single tortious act are an entirety, and must be assessed and…
1Opinion of the CourtLewis, J.
/ Plaintiff, while riding in and driving his wagon across defendant’s tracks, was run into by defendant’s train. As a result, he was personally injured, and the wagon and horses and harness were damaged. Thereafter plaintiff brought an action against defendant to recover for the injuries suffered in his person, and secured a judgment of $1,000. While that action was still pending on appeal in this court (77 Minn. 104, 79 N. W. 611) plaintiff commenced the present proceeding to recover the damage sustained by the injury to the horses, wagon, and harness, alleged to be $225. As a defense…
2Cases cited10 opinions
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
- Thompson v. MyrickSupreme Court of Minnesota · 1877
- Skoglund v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1891
- Ziebarth v. NyeSupreme Court of Minnesota · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
- Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
- Smith v. Red Top Taxicab Corp.Supreme Court of New Jersey · 1933
- Sprague v. AdamsWashington Supreme Court · 1926
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