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

Supreme Court of Minnesota

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

43 N.W. 481, 41 Minn. 515, 1889 Minn. LEXIS 399

DecidedOctober 26, 1889

StatusPublished

This text of 43 N.W. 481 (Alexander v. Chicago, Milwaukee & St. Paul Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander v. Chicago, Milwaukee & St. Paul Railway Co., 43 N.W. 481, 41 Minn. 515, 1889 Minn. LEXIS 399 (Mich. 1889).

Pincite

Opinion

Gileillan, C. J.

In this case the animals killed (sheep) were of a species that might be turned by a lawful fence. The evidence does not conclusively show that such a fence would not have turned them. It was therefore for the jury to find whether the failure of defendant to have along its road a fence such as the law requires was the cause of the injury. The error, if there was any, in excluding certain questions on cross-examination, was cured, for the subject-matter of such questions was fully gone into, not only by other witnesses, but by the plaintiff when he was recalled.

Order affirmed.

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Gileillan, C. J.

In this case the animals killed (sheep) were of a species that might be turned by a lawful fence. The evidence does not conclusively show that such a fence would not have turned them. It was therefore for the jury to find whether the failure of defendant to have along its road a fence such as the law requires was the cause of the injury. The error, if there was any, in excluding certain questions on cross-examination, was cured, for the subject-matter of such questions was fully gone into, not only by other witnesses, but by the plaintiff when he was recalled.

Order affirmed.

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Bluebook (online)

43 N.W. 481, 41 Minn. 515, 1889 Minn. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-chicago-milwaukee-st-paul-railway-co-minn-1889.