Varco v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Mower county, to recover the value of two colts killed by a passing locomotive on defendant’s railway track.
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Plaintiff brought this action in the district court for Mower county, to recover the value of two colts killed by a passing locomotive on defendant’s railway track. At the trial before Farmer, Jk, the jury returned a general verdict for plaintiff, and also the following special findings, in answer to questions submitted by the court: “1. What was the value of each of said horses? Answer: Gray colt, $125; brown colt, $100. “2. Were the horses on the highway when struck? Answer: No. “3. Were the horses struck or injured by reason of the wilful acts of defendant’s engineer? Answer: By their…
1Opinion of the CourtVanderburgh, J.
The complaint alleges that two colts, the property of plaintiff, escaped from his land through a defective railroad fence, which defendant corporation had neglected to repair, and were killed by its engine. The answer does not deny that the injury complained of was caused by defendant’s engine on the track, but denies that it was caused by any negligence on defendant’s part in failing to maintain and keep its fence in repair or otherwise.
1. The theory of the defence is that the animals were killed on a highway crossing near by, intersecting the railroad just south of a cattle-guard which is…
2Cases cited4 opinions
- Nesbitt v. St. Paul Lumber Co.Supreme Court of Minnesota · 1875
- Parrott v. . Knickerbocker and N.Y. Ice Cos.New York Court of Appeals · 1871
- Murphy v. ShermanSupreme Court of Minnesota · 1878
- Manny v. GriswoldSupreme Court of Minnesota · 1875
3Cited by13 opinions
- Bonhiver v. GraffSupreme Court of Minnesota · 1976
- Lienhard v. StateSupreme Court of Minnesota · 1988
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- Potter v. Hartzell Propeller, Inc.Supreme Court of Minnesota · 1971
- Swanson v. AndrusSupreme Court of Minnesota · 1901
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