Spencer v. St. Paul & Sioux City Railroad
Supreme Court of Minnesota
This, like the next following case, was an action to recover ■damages from defendant for maliciously operating its railroad on a street in Sliakopee, between the centre thereof and plaintiff’s adjacent lots, on which she resided.
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This, like the next following case, was an action to recover ■damages from defendant for maliciously operating its railroad on a street in Sliakopee, between the centre thereof and plaintiff’s adjacent lots, on which she resided. The complaint, after alleging plaintiff’s ownership of the lots and her residence thereon, the defendant’s incorporation, and its authority under its charter to acquire the right of way for its railroad over plaintiff’s said lots, and its neglect to take any steps to obtain such right of way, proceeds as follows: “ That on said 17th day of October, 1873, the said…
1Opinion of the CourtCornell, J.
On the trial in the district court the plaintiff ivas permitted, against the objection of the defendant, to enquire of one of the witnesses, “What was the ■effect of running engines over the road in front of the house on the premises, so far as steam, smoke and sparks AArere concerned?” And also, “ Whether the operation of the road there had any effect upon the use of the house?” These rulings, properly excepted to, are alleged as error by defendant.
When, as in this case, no question is made upon the insufficiency of the averments in the complaint, the rule is well settled that acts and…
2Cases cited1 opinion
- Kelly v. RogersSupreme Court of Minnesota · 1874
3Cited by4 opinions
- Gillespie v. GillespieSupreme Court of Minnesota · 1896
- Grace v. GraceSupreme Court of Minnesota · 1905
- Burns v. StewartSupreme Court of Minnesota · 1971
- Twitchell v. CummingsSupreme Court of Minnesota · 1913