May v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: It. G. Siebeokeb,-Circuit Judge. This is an action to recover for the killing of two cows and the serious injury of a third cow owned by the plaintiff, which were run over by an engine and train on the defendant’s railway. It was alleged that the cows came onto the defendant’s track through a farm gate in the right of way fence, which was negligently left open by the defendant.
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Appeal from a judgment of the circuit court for Dane county: It. G. Siebeokeb,-Circuit Judge. This is an action to recover for the killing of two cows and the serious injury of a third cow owned by the plaintiff, which were run over by an engine and train on the defendant’s railway. It was alleged that the cows came onto the defendant’s track through a farm gate in the right of way fence, which was negligently left open by the defendant. The killing and maiming of the cows was admitted by the answer, but the other allegations of the complaint were denied. Upon the trial, it appeared that the…
1Opinion of the CourtWinslow, J.
The respondent relies upon two propositions as justifying the nonsuit: (1) That the notice of the injury was insufficient, because indefinite as to the place where the accident occurred; and (2) that it was part of the plaintiff’s duty to close the gate when he saw it open, and hence that the accident was caused by his own neglect of duty.
The court held the notice sufficient, but nonsuited the plaintiff upon the second ground.
We think the court was entirely right in holding the notice sufficient. Fairly and reasonably construed, the notice states that the cattle came upon the track through a…
2Cited by5 opinions
- Atkinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1903
- Hardt v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1907
- Ullman v. FreyeWisconsin Supreme Court · 1953
- Ullman v. FreyeWisconsin Supreme Court · 1953
- Ullman v. FreyeWisconsin Supreme Court · 1953