Fitzgerald v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Clay comity, Stearns, J., presiding, refusing a new trial. The ease is stated in the opinion. The liability of a railroad company for damages, by reason of a failure to fence its road, is not limited to domestic animals. Fleming v. St. Paul é Duluth R. Co., 27 Minn. Ill; Schmidt v. Mil. c& St. P. My. Co.', 23 Wis. 186; Gillam v. Sioux City'é St. P. M. Co., 26 Minn. 268; Dávis v. Burlington é Mo. M. Co., 26 Iowa, 549.
1Opinion of the CourtDickinson, J.
Action to recover for 'injuries sustained by the plaintiff from being run over by a freight train of the defendant. At the time of the injury the plaintiff, who was then 18 months old, had wandered from his father’s house and upon the railway track unobserved by his father, in whose care the child then was. The defendant is charged with negligence, both in the operating of the train, and in not having fenced its track at the place of the accident. The defendant, denying its own negligence, alleges that the accident was caused by the negligence of the father of the plaintiff in suffering the…
2Cases cited8 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Lafayette & Indianapolis Railroad v. HuffmanIndiana Supreme Court · 1867
- Meeks v. S. Pac. R. R. Co.California Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1905
- Wymore v. Mahaska CountySupreme Court of Iowa · 1889
- O'Malley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1890
- Rosse v. St. Paul & Duluth Railway Co.Supreme Court of Minnesota · 1897
19 more not listed; retrieve them via the Exa API.