Legal Opinion

Green v. St. Paul, Minneapolis & Manitoba Ry. Co.

Supreme Court of Minnesota

Decided November 8, 1893No. Nos. 8304, 8482PublishedCited by 6 opinions

Appeal by plaintiff, Amanda Y. Green, from an order of the District Court of Sherburne County, L. L. Baxter, J., made June 24, 1S91, granting the motion of the defendant, the St. Paul, Minneapolis and Manitoba Railway Company, for a new trial. On July 16, 1889, plaintiff’s horse was running at large in the Township of Livonia and went onto the track of defendant’s railroad at the station at Zimmerman and ran north about sixty rods along the track to a cattle guard.

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Appeal by plaintiff, Amanda Y. Green, from an order of the District Court of Sherburne County, L. L. Baxter, J., made June 24, 1S91, granting the motion of the defendant, the St. Paul, Minneapolis and Manitoba Railway Company, for a new trial. On July 16, 1889, plaintiff’s horse was running at large in the Township of Livonia and went onto the track of defendant’s railroad at the station at Zimmerman and ran north about sixty rods along the track to a cattle guard. It jumped this cattle guard and ran along the track about one hundred and twenty five rods further, to a trestle bridge over a…

1Opinion of the CourtCollins, J.

These were stock-killing eases, growing out of the same occurrence, and tried together, separate verdicts being rendered against the defendant in each case. Its motion for a new trial being granted, plaintiffs appealed. It is quite evident that in granting new trials the court below, although influenced, perhaps, by other reasons, was of the opinion that the evidence was insufficient to sustain the charge of negligence on the part of defendant. We do not hesitate in saying that the court below was right in this, on the theory upon which these cases appear to have been submitted to the jury.…

2Cases cited4 opinions

  1. Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
  2. Cox v. Minneapolis, Sault Ste. Marie & Atlantic Railway Co.Supreme Court of Minnesota · 1889
  3. Moser v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1890
  4. Watier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1883

3Cited by6 opinions

  1. Ericson v. Duluth & Iron Range R.Supreme Court of Minnesota · 1894
  2. Kalaeokekoi v. Wailuku Sugar Co.Hawaii Supreme Court · 1907
  3. Green v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1895
  4. Korman v. HagenSupreme Court of Minnesota · 1925
  5. Sarja v. Great Northern Railway Co.Supreme Court of Minnesota · 1906

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