Emmons v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Freeborn county, to recover damages resulting to him by reason of the failure of the defendant to fence its railroad.
Read the full summary
The plaintiff brought this action in the district court for Freeborn county, to recover damages resulting to him by reason of the failure of the defendant to fence its railroad. His allegations of injury and damage were substantially as follows: The plaintiff is and has been for many years the owner of a farm, through which defendant’s railroad runs on right of way conveyed to it by the plaintiff on October 16, 1879. Plaintiff’s farm is used and occupied as his homestead, is under cultivation and properly enclosed by a fence, and is useful for the purpose of raising stock, and upon it the…
1Opinion of the CourtGtlfillan, C. J.
According to the facts alleged in the complaint, its theory is that a railroad company which neglects to fence its road is, under the statute, liable for the damages caused by such neglect to an abutting farm, in rendering its use less valuable, by exposing stock pastured or kept upon it to the dangers of an exposed and open railroad. The defendant insists that the damages recoverable, under the statute, are only the more direct and immediate damages caused by the killing or injuring of cattle getting access to the track for want of a fence, or the injuring of passengers or employes on trains…
2Cited by11 opinions
- Nelson v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1889
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
- Frisch v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1905
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1889
- Lake Erie & Western Railway Co. v. GriffinIndiana Court of Appeals · 1899
6 more not listed; retrieve them via the Exa API.