Nelson 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 a hay-press and tools, destroyed by fire alleged to have been caused by one of defendant’s engines. The action was tried before Farmer, J., and a jury, and plaintiff had a verdict. Defendant appeals from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
It is conceded that if the fire which destroyed plaintiff’s property was caused by one of defendant’s engines, it was by No. 17, attached to the freight train from Lyle to Austin, which passed about 5 o’clock in the afternoon of April 17, 1881. The first assignment of error is that the court erred in refusing to strike out the testimony of one Osborn, a witness for plaintiff, as to the setting of other fires by this train on other days during the preceding two weeks. The contention of appellant is that evidence of other fires would have been competent only when caused by the same engine, and…
2Cases cited4 opinions
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Craig v. CookSupreme Court of Minnesota · 1881
- Cannady v. LynchSupreme Court of Minnesota · 1881
- Stillman v. Northern Pacific, Fergus & Black Hills RailroadSupreme Court of Minnesota · 1886
3Cited by8 opinions
- Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
- Graves v. BonnessSupreme Court of Minnesota · 1906
- Bartleson v. MunsonSupreme Court of Minnesota · 1908
- Nickerson v. Wells-Stone Mercantile Co.Supreme Court of Minnesota · 1898
- Vaughan v. McCarthySupreme Court of Minnesota · 1895
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