Henry v. St. Paul City Railway Co.
Supreme Court of Minnesota
Action in the municipal court of St. Paul to recover $50 for the loss of a dog alleged to have been killed through defendant’s negligence. Defendant in its answer admitted the killing of the dog upon its track, but denied its alleged negligence. The case was tried before Finehout, J., who made findings of fact and ás conclusion of law ordered judgment in favor of plaintiff for $50. From an order denying defendant’s motion for a new trial, it appealed.
1Opinion of the CourtJaggakd, J.
Plaintiffs dog was run over and killed by defendant’s car on a municipal thoroughfare. The car was running at a high rate of speed, estimated variously at from fifteen to twenty-five miles an hour. The dog was following his master, who drove across the track a moment or two before the car passed. The street at this place was straight, clear and wide, and there were no other vehicles or obstructions to obscure the view. The dog was on the track some distance ahead of the approaching car. Its attention was diverted by another dog. The car struck the dog and passed on. The record shows that the…
2Cases cited2 opinions
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1900
- Harper v. St. Paul City Railway Co.Supreme Court of Minnesota · 1906
3Cited by1 opinion
- Pardee v. Royal Baking Co.Utah Supreme Court · 1923