Turner v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Steele county to recover $220 for injury to plaintiff’s live stock. The answer alleged that plaintiff negligently allowed the cattle to pass through an open gate upon defendant’s track knowing of the approach of a train and so near thereto that defendant was unable to stop the train.
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Action in the district court for Steele county to recover $220 for injury to plaintiff’s live stock. The answer alleged that plaintiff negligently allowed the cattle to pass through an open gate upon defendant’s track knowing of the approach of a train and so near thereto that defendant was unable to stop the train. The case was tried before Childress, d., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $250. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the judgment…
1Opinion of the CourtBrown, C. J.
In an action for the value of certain cows killed by one of defendant’s trains plaintiff had a verdict for $250; defendant moved for judgment notwithstanding the verdict, or a new trial; the motion was denied and defendant appealed from the judgment rendered on the verdict.
Plaintiff owns and resides upon a farm adjoining the right of way of defendant; a pasture in'which his cattle were confined is inclosed on one side by the right-of-way fence, constructed by defendant in compliance with statutory requirements. The right-of-way fence was defective, and by reason thereof some of plaintiff’s…
2Cases cited4 opinions
- Nelson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- Frisch v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1905
- Coe v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1907
- Strobeck v. BrenSupreme Court of Minnesota · 1904