Minnesota Supreme Court, 1889

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

Alexander v. Chicago, Milwaukee & St. Paul Railway Co.
Minnesota Supreme Court · Decided October 26, 1889 · Gileillan
41 Minn. 515; 43 N.W. 481; 1889 Minn. LEXIS 399 (Minnesota Reports)

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

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.