Legal Opinion

Kobe v. Northern Pacific Railroad

Supreme Court of Minnesota

Decided April 29, 1887PublishedCited by 5 opinions

Plaintiff brought this action in the district court for Morrison county, to recover damages for the killing of cattle by a locomotive of defendant, at a point where its track was not fenced. The defendant pleaded that the cattle came upon its track at a point within its depot grounds at Rovalton, which it was not required to fence.

Read the full summary

Plaintiff brought this action in the district court for Morrison county, to recover damages for the killing of cattle by a locomotive of defendant, at a point where its track was not fenced. The defendant pleaded that the cattle came upon its track at a point within its depot grounds at Rovalton, which it was not required to fence. At the trial before Collins, J., there was a conflict of evidence as to where the cattle first came upon the track, and the court left it to the jury to find whether they came upon the track at a point where the company was required to fence, instructing them that…

1Opinion of the CourtBerry, J.

The statute requires every railroad company in the state to build and maintain good and'' sufficient cattle-guards at all wagon crossings, and good and substantial fences on each side of its road. Gen. St. 1878, c. 34, §§ 54, 55. In Greeley v. St. Paul, M. & M. Ry. Co., 33 Minn. 136, (22 N. W. Rep. 179,) this statute was held to be subject to an implied exception as to places required to be left open by public necessity or convenience, such as station or depot grounds, used for the exit or entrance of passengers, or the receipt and delivery of freight. But it was also held that this public…

2Cases cited1 opinion

  1. Greeley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885

3Cited by5 opinions

  1. Cox v. Minneapolis, Sault Ste. Marie & Atlantic Railway Co.Supreme Court of Minnesota · 1889
  2. Hurt v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
  3. Smith v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1887
  4. Miller v. Chicago, Burlington & Quincy RailroadWyoming Supreme Court · 1910
  5. La Paul v. TruesdaleSupreme Court of Minnesota · 1890

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API