Byrne v. Minn. & St. Louis Ry. Co.

• Court: Minnesota Supreme Court
• Writing for the Court: Mitchell
• Citation: Byrne v. Minn. & St. Louis Ry. Co., 29 Minn. 200, 12 N. W. 698 (Minn. 1882)
• Decision Date: 07 June 1882
• Parties: EDWARD BYRNE <I>vs.</I> MINNEAPOLIS & ST. LOUIS RAILWAY COMPANY.

Page 200

29 Minn. 200

EDWARD BYRNE vs. MINNEAPOLIS & ST. LOUIS RAILWAY COMPANY.

Supreme Court of Minnesota.

June 7, 1882.

Plaintiff, being owner of land on both sides of a natural watercourse, crossed by defendant's railway, brought this action in the district court for Le Sueur county to recover damages for the flooding of his land, occasioned by the railroad embankment. At the trial before Macdonald, J., and a jury, the plaintiff had a verdict, on which judgment was entered, and the defendant appealed.

L. L. Baxter, for appellant.

O'Brien & Wilson, for respondent.

MITCHELL, J.

The objection that there is no evidence to support the verdict cannot be raised in this court where there has been no motion for a new trial in the court below. Kelly v. Rogers, 21 Minn. 146.

The subject of inquiry being the value of the crop of grass destroyed on the meadow of plaintiff, the plaintiff, as a witness in his own behalf, was asked, "What was the value of the growing grass on that land, had it not been destroyed, as it was, by...