Skjeggerud v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial, after a verdict of $5,000 for plaintiff.
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Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial, after a verdict of $5,000 for plaintiff. The defendant’s requests, referred to in the third, fourth, fifth, and sixth assignments of error were as follows: “If you find that there was room on the plank crossing for a team to cross the track, then you will find a verdict for the defendant, even if the car stood part way on one end of the planking, and the plaintiff’s horse became frightened at the car and ran away, and the plaintiff was thereby injured as alleged.” “If…
1Opinion of the CourtMitohell, J.
This was an action to recover damages resulting from an obstruction by defendant of a public highway which plaintiff was travelling. The act complained of was leaving a car standing half-way across a 16-foot plank crossing over defendant’s road, by reason of which plaintiff was compelled to drive to one side, when his team, being frightened by reason of the proximity of the car, became unmanageable, and shied away from the car, thereby throwing the wheels of the wagon off the plank crossing on to the iron rails, of the railroad, which still further frightened the horses, so that they threw…
2Cases cited2 opinions
- Morse v. ZeizeSupreme Court of Minnesota · 1885
- Young v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1885
3Cited by5 opinions
- Chicago & N. W. Ry. Co. v. PrescottCourt of Appeals for the Eighth Circuit · 1893
- Ellsworth v. LordSupreme Court of Minnesota · 1889
- St. Paul, Minneapolis & Manitoba Railway Co. v. City of MinneapolisSupreme Court of Minnesota · 1890
- Illinois Central Railroad Co. v. ClarkAppellate Court of Illinois · 1899
- Hanson v. HallSupreme Court of Minnesota · 1938