30 Minn. 18 | Minn. | 1882
The complaint alleges that two colts, the property of plaintiff, escaped from his land through a defective railroad fence, which defendant corporation had neglected to repair, and were killed by its engine. The answer does not deny that the injury complained of was caused by defendant’s engine on the track, but denies that it was caused by any negligence on defendant’s part in failing to maintain and keep its fence in repair or otherwise.
In view of the special findings of the jury as to where the injury occurred, it is not material to consider the instructions given, or those
The jury were also instructed, in case they found for the plaintiff, to allow interest on the value of the property from the time of the injury. This was proper. It is not a case in which exemplary damages were claimed or allowed, and the basis of plaintiff’s claim for compensation is the value of the property destroyed. In such cases, interest is necessarily allowed for the indemnity of the party. The same rule applies as in the case of conversion of property. Parrott v. Ice Co., 46 N. Y. 361; Derby v. Gallup, 5 Minn. 85, (119;) Nesbitt v. St. Paul Lumber Co., 21 Minn. 491; Murphy v. Sherman, 25 Minn. 196; 2 Sedgwick on Damages, 186, n.
The objection to the special verdict, that the answers to several of the questions submitted are not sufficiently direct and definite, cannot now be successfully urged. Taken together, we think the answers substantially meet the purposes of the interrogatories, and the objection to them was waived by not taking it on the rendition of the verdict. Manny v. Griswold, 21 Minn. 506.
Order affirmed.