Mahoney v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Stevens county, to recover the value of wheat and oats alleged to have been destroyed by fire thrown from one of defendant’s engines by reason of negligence in operating it. The action was tried before Brown, J., and a jury, and defendant had a verdict. Plaintiff appeals from an order refusing a new trial.
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Plaintiff brought this action in the district court for Stevens county, to recover the value of wheat and oats alleged to have been destroyed by fire thrown from one of defendant’s engines by reason of negligence in operating it. The action was tried before Brown, J., and a jury, and defendant had a verdict. Plaintiff appeals from an order refusing a new trial. The plaintiff’s third assignment of error is the refusal of the court to charge that “evidence of the defendant’s allowing tall grass to grow and remain on its right of way having been received in the case without objection, and the…
1Opinion of the CourtGtleillan, C. J.
It was in the discretion of the trial court to allow the questions referred to in the first assignment of error, though not proper cross-examination, to be asked at that stage of the trial. It is often done to avoid recalling a witness. There was evidence of the fact which appellant claims is assumed by the question referred to in the second assignment of errors.
The court was correct in refusing the request to charge as referred to in the third assignment of errors, for it would have made an issue not tendered by the complaint. The evidence referred to in the request was admissible, and, as…
2Cases cited1 opinion
- City of Winona v. Minnesota Railway Construction Co.Supreme Court of Minnesota · 1880
3Cited by4 opinions
- Ammon v. Illinois Central RailroadSupreme Court of Minnesota · 1913
- Whitaker v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1911
- Hostetter v. Illinois Central RailroadSupreme Court of Minnesota · 1908
- Weber v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1895