Volkman v. Chicago, St. P., M. & O. Ry. Co.
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Minnehaha county; Hon. C. S. Palmer, Judge. This action was to recover the value of a mare that had been killed on the defendant’s track. The plaintiff had judgment below, and the defendant appealed. The animal was killed at a bridge 105 or 107 rods west from a station called “Hartford,” by a regular west-bound “mixed” train, on the evening of November 26,1881. The train arrived at the station at 9:05 p. m., and left at 9 : 15 p. sf.
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Appeal from the district court of Minnehaha county; Hon. C. S. Palmer, Judge. This action was to recover the value of a mare that had been killed on the defendant’s track. The plaintiff had judgment below, and the defendant appealed. The animal was killed at a bridge 105 or 107 rods west from a station called “Hartford,” by a regular west-bound “mixed” train, on the evening of November 26,1881. The train arrived at the station at 9:05 p. m., and left at 9 : 15 p. sf. The engineer testified that it was dark, foggy, and snowing at the time of the accident; that he was running at the usual rate…
1Opinion of the Court
Thomas, J.1
Plaintiff brought this suit in the district court of Minnehaha county to recover the value of a mare, which she alleges in her complaint was run over and killed by defendant’s engine and cars, through the gross negligence of its servants and employes, who were in charge and control of said train of cars at the time of the accident.
The defendant, by its answer, puts in a general denial to the allegations of the complaint, and further alleges that its servants and agents were careful, prudent, and skillful in the management and running of said engine and train of cars on the occasion…
2Cases cited2 opinions
- Kentucky Central R. R. v. TalbotCourt of Appeals of Kentucky · 1880
- Lou. & Nash. Railroad v. WainscottCourt of Appeals of Kentucky · 1867
3Cited by8 opinions
- Smith v. Northern Pacific RailroadNorth Dakota Supreme Court · 1892
- Savage v. Rhode Island CompanySupreme Court of Rhode Island · 1907
- Huber v. Chicago, M. & St. P. Ry. Co.Supreme Court Of The Territory Of Dakota · 1889
- Sinkling v. Illinois Central Railway Co.South Dakota Supreme Court · 1898
- Smith v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
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