Legal Opinion

Knobloch v. Chicago, Milwaukee & St. Paul Railway Co.

Supreme Court of Minnesota

Decided January 14, 1884PublishedCited by 24 opinions

Appeal by defendant from a judgment of the municipal court of St. Paul, in an action for negligently running over and killing the plaintiff’s cow at the crossing of Grace street, within the limits of that city.

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Appeal by defendant from a judgment of the municipal court of St. Paul, in an action for negligently running over and killing the plaintiff’s cow at the crossing of Grace street, within the limits of that city. The alleged negligence consisted in running the train by which the cow was struck at a speed of more than 15 miles an hour, in violation of the city ordinance quoted in the opinion, and the only question on this appeal was as to the validity of the ordinance. cited Meyers v. Chicago, R. I. & Pac. R. Co., 7 Am. & Eng. R. Cas. 406, and cases cited. cited Fritz v. First Div., etc., R.…

1Opinion of the CourtGilrillan, C. J.

The only question presented by the appellant on this appeal is as to the validity of an ordinance of the city of St. Paul, as follows: “That no railroad company or corporation, or their agents or employes, shall run a locomotive or train of cars, or single car, within the limits of the city of St. Paul, at a greater speed than four miles per hour,” etc. It is claimed that this is in restraint of commerce, and is therefore unreasonable and void. The facts relied on by appellant to show this, as affecting its line in question, (its short line between St. Paul and Minneapolis,) are: the length…

2Cases cited2 opinions

  1. Meyers v. C., R. I. & P. R.Supreme Court of Iowa · 1881
  2. Martin v. LennonSupreme Court of Minnesota · 1872

3Cited by24 opinions

  1. Houston & Texas Central Railroad v. City of DallasTexas Supreme Court · 1905
  2. Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  3. Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  4. Evison v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1891
  5. Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900

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