Bear v. Chicago Great Western Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This was an action by Bear against the Chicago Great Western Railway Company to recover the value of a horse alleged to have been killed because of the failure of the defendant to maintain fences and cattle guards inclosing its right of way as required by the Minnesota statutes.
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In Error to the Circuit Court of the United States for the District of Minnesota. This was an action by Bear against the Chicago Great Western Railway Company to recover the value of a horse alleged to have been killed because of the failure of the defendant to maintain fences and cattle guards inclosing its right of way as required by the Minnesota statutes. For some distance in the vicinity of St. Charles, Minn., the railroad of the defendant and that of the Chicago and Northwestern Railway Company are parallel and their rights of way adjoin. Each right of way is 100 feet in width. That of…
1Opinion of the CourtHook, Circuit Judge
Whatever .duty rested upon the defendant to inclose its right of way must be found in legislative enactment. None existed at the common law. The plaintiff points to sections 2692-2695, Gen. St. Minn. 1894, and the amendment of the latter section by chapter 346, p. 612, of the Laws of 1897. So far as need be set forth, they are as follows:
Section 2692 required every railroad company in the state to build within a limited time substantial fences on each side of its road and sufficient cattle guards at all wagon crossings.
“Sec. 2693. All railroad companies shall be liable for domestic animals…
2Cases cited5 opinions
- Gowen v. HarleyCourt of Appeals for the Eighth Circuit · 1893
- Board of Com'rs v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1898
- Stapylton v. ThaggardCourt of Appeals for the Fifth Circuit · 1898
- City of Winona v. Minnesota Railway Construction Co.Supreme Court of Minnesota · 1878
- Board of Com'rs v. Society for SavingsCourt of Appeals for the Eighth Circuit · 1898
3Cited by10 opinions
- Hemmer v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- Crosbie v. PartridgeSupreme Court of Oklahoma · 1922
- Pfister v. JohnsonSupreme Court of Oklahoma · 1935
- Missouri, O. & G. Ry. Co. v. BrownSupreme Court of Oklahoma · 1915
- Kurn v. ImmelSupreme Court of Oklahoma · 1939
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