Legal Opinion

Devine v. St. Paul & Sioux City Railroad

Supreme Court of Minnesota

Decided May 19, 1875PublishedCited by 3 opinions

Appeal by defendant from a judgment of the district court for Scott county, the action having been tried before Qhatfiéld, J., and a jury.

1Opinion of the CourtBerry, J.

This action is brought to recover the value of three horses and a colt, property of plaintiff, alleged to have been struck by a locomotive running upon defendant’s railroad, and thereby killed, or so injured as to be worthless.

There is no evidence in the case tending to show any negligence in the management of the train. The only ground on which it is sought to charge the defendant is for negligence in not maintaining a proper fence on the side of its road. Chapter 25, Laws 1872, enacts as follows : “ Section 1. All railroad companies in this state shall, within six months from and after the…

2Cited by3 opinions

  1. Fleming v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
  2. Gillam v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1879
  3. Watier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1883

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