Mathews v. St. Paul & Sioux City Railroad
Supreme Court of Minnesota
The defendant in running trains over the line of its road, through plaintiff’s pasture injured one of his cows. This action was brought before a justice of the peace, to recover damages -for such injury. On appeal, a trial was had in the district court for Blue Earth1 county, before a jury who found a verdict for plaintiff. The defendant made a motion for a new trial which was denied, and from the order denying the same appeals to this court.
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The defendant in running trains over the line of its road, through plaintiff’s pasture injured one of his cows. This action was brought before a justice of the peace, to recover damages -for such injury. On appeal, a trial was had in the district court for Blue Earth1 county, before a jury who found a verdict for plaintiff. The defendant made a motion for a new trial which was denied, and from the order denying the same appeals to this court. The case is sufficiently stated in the opinion of the court. The evidence shows that no damages had been paid by de-< fendant for right of way over…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
The defendant on the first ' of August, 1870, on the plaintiff’s land, with its engine and cars ran against and injured a cow belonging to the plaintiff. *440The defendant constructed its road through said land in 1869, and thereafter daily (Sundays excepted) has run its trains over the same, without paying or securing any compensation therefor to the plaintiff.
At the trial the plaintiff stated on. cross-examination, that “ the damage was finally referred to commissioners,” meaning, we understand, that the company had taken the steps prescribed by its charter to acquire…
2Cases cited6 opinions
- Harrington v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1871
- Carli v. Stillwater & Saint Paul RailroadSupreme Court of Minnesota · 1871
- Taylor v. ElySupreme Court of Connecticut · 1856
- Lash v. EdgertonSupreme Court of Minnesota · 1868
- Califf v. HillhouseSupreme Court of Minnesota · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hebert v. City of Fifty LakesSupreme Court of Minnesota · 2008
- Day v. New Orleans Pacific Railway Co.Supreme Court of Louisiana · 1884
- Meyers v. WillseySupreme Court of Minnesota · 1925