Gould v. Northern Pacific R.

Supreme Court of Minnesota

Gould v. Northern Pacific R.

52 N.W. 924, 50 Minn. 516, 1892 Minn. LEXIS 350

DecidedJuly 15, 1892

StatusPublished

This text of 52 N.W. 924 (Gould v. Northern Pacific R.) 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

Gould v. Northern Pacific R., 52 N.W. 924, 50 Minn. 516, 1892 Minn. LEXIS 350 (Mich. 1892).

Pincite

Opinion

Dickinson, J.

These cases involved the same issue, were tried together, and were presented together on this appeal. The actions are for the recovery of damages for the negligence of the defendant’s sec-tionmen in setting a fire on its right of way, which spread to the adjacent lands of the plaintiffs. Upon a mere reading of the evidence, it is at once apparent that it was sufficient to justify the conclusions (1) that the defendant’s sectionmen set the fire while acting within the scope of the ordinary duties of such servants, and as a means of performing such duties; and (2) that this was done under such circumstances that it was culpable negligence. The assignments of error, in which the appellant asserts the contrary, deserve no further consideration.

The judgments in both cases are affirmed.

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Dickinson, J.

These cases involved the same issue, were tried together, and were presented together on this appeal. The actions are for the recovery of damages for the negligence of the defendant’s sec-tionmen in setting a fire on its right of way, which spread to the adjacent lands of the plaintiffs. Upon a mere reading of the evidence, it is at once apparent that it was sufficient to justify the conclusions (1) that the defendant’s sectionmen set the fire while acting within the scope of the ordinary duties of such servants, and as a means of performing such duties; and (2) that this was done under such circumstances that it was culpable negligence. The assignments of error, in which the appellant asserts the contrary, deserve no further consideration.

The judgments in both cases are affirmed.

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Bluebook (online)

52 N.W. 924, 50 Minn. 516, 1892 Minn. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gould-v-northern-pacific-r-minn-1892.