Legal Opinion

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

Supreme Court of Minnesota

Decided July 25, 1890PublishedCited by 21 opinions

Action brought in the district court for Jackson county, to recover ■damages for fatal injuries to a stallion carried by defendant. At the trial, before Perkins, J., the plaintiff had a verdict of $250. The defendant appeals from an order refusing a new trial.

1Opinion of the CourtVanderburgh, J.

Carriers of live-stock are liable as common carriers for damages or injuries thereto arising during the transportation, except such as, without the fault or negligence of the carrier, result from the vitality of the freight; that is to say, the nature and propensity of animals to injure themselves or each other, their unruliness, restiveness, fright, viciousness, kicking, or goring, etc. The *192carrier is relieved from liability for injuries from such causes if he has provided suitable means of transportation, and exercised that degree of care which the nature of the property requires, or has…

2Cases cited7 opinions

  1. Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
  2. Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
  3. Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
  4. Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
  5. Evans v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Alair v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
  2. Rustad v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
  3. Swiney v. American Express Co.Supreme Court of Iowa · 1908
  4. Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
  5. Fockens v. United States Express Co.Supreme Court of Minnesota · 1906

16 more not listed; retrieve them via the Exa API.

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