Olivier v. Cunningham
Supreme Court of Minnesota
Appeal by plaintiff, Eugene Olivier, from a judgment of the District Court of Carver County, Francis Oadtcell, J., entered April 9. 1893. On August 18, 1891, the defendant, George Cunningham, of Watertown in Carver County, purchased in Minneapolis a traction steam engine and threshing machine. In taking them out into the country he ran the engine along Washington Avenue North. Plaintiff’s children were out driving with his horse and buggy, and met the engine on the avenue.
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Appeal by plaintiff, Eugene Olivier, from a judgment of the District Court of Carver County, Francis Oadtcell, J., entered April 9. 1893. On August 18, 1891, the defendant, George Cunningham, of Watertown in Carver County, purchased in Minneapolis a traction steam engine and threshing machine. In taking them out into the country he ran the engine along Washington Avenue North. Plaintiff’s children were out driving with his horse and buggy, and met the engine on the avenue. The horse was frightened and ran away; the children were thrown out and injured, and the buggy demolished. The father…
1Per curiam
In the several cases entitled as above the same questions are presented as were considered and determined in Olivier v. Cunningham, 51 Minn. 232, (53 N. W. Rep. 462,) decided at the last term. They are reversed for the same reason. Statutory costs will be allowed in but one case.
Judgments reversed.
(Opinion published 55 N. W. Rep. 540.)
2Cases cited1 opinion
- Olivier v. CunninghamSupreme Court of Minnesota · 1892