Legal Opinion

Whittier v. Chicago, Milwaukee & St. Paul Railway Co.

Supreme Court of Minnesota

Decided April 19, 1880PublishedCited by 2 opinions

Appeal by defendant from an order of the district court for Dakota county, Crosby, J., presiding, refusing a new trial. A former appeal is reported, 24 Minn. 394.

1Opinion of the CourtBerry, J.

• As stated in the opinion of this court upon the former appeal, (Whittier v. Chicago, Mil. & St. Paul Ry. Co. 24 Minn. 394,) this action is brought to recover damages for running into the plaintiff’s cattle with a railway train, and killing them, upon the track of the Hastings & Dakota Bail-road, which was being operated by defendant.

The plaintiff’s contention is — First, that the defendant was guilty of negligence in failing to build, and maintain fences on each side of its road, where the same fan through the plaintiff’s land; second, that defendant was guilty of negligence in the manner…

2Cases cited1 opinion

  1. Whittier v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1878

3Cited by2 opinions

  1. Fleming v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
  2. Atchison, T. & S. F. R. v. WaltonNew Mexico Supreme Court · 1886

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