Brown v. Milwaukee & Prairie du Chien Railway Co.
Wisconsin Supreme Court
APPEAL -from the Circuit Court for Dane County. Action for injuries done to plaintiff’s horses by a train on defendant’s road, to which they escaped from an adjoining field. The only question of fact at issue was, whether the escape was caused by defendant’s failing to maintain in proper condition a certain set of bars in a fence between the track and land belonging to one Oleson.
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APPEAL -from the Circuit Court for Dane County. Action for injuries done to plaintiff’s horses by a train on defendant’s road, to which they escaped from an adjoining field. The only question of fact at issue was, whether the escape was caused by defendant’s failing to maintain in proper condition a certain set of bars in a fence between the track and land belonging to one Oleson. It appeared from the evidence that the fence and bars were of the full height required bylaw; that the accident happened in the night of August 6th; that the next morning a cleat dr batten, which had been nailed to…
1Opinion of the CourtDixon, C. J.
The defendant’s counsel seem to misapprehend the decision in Hance v. The Cayuga & Susquehanna Railroad Company, 26 N. Y., 428. The court did not decide that the absolute liability under the statute ceased when the fences *43Rad once been erected. The 1ST. Y. statute, like our own, provides that when suck fences shall be duly made and maintained, tbe xaib’oad company, or other party having control of the road, shall not be liable for any such damages, unless wilfully or negligently done. Laws of 1860, chap. 268. The turning point in that case was, not that the company had neglected to build and…
2Cases cited1 opinion
- Hance v. . the Cayuga and Susquehanna Railroad CompanyNew York Court of Appeals · 1863
3Cited by7 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
- Jones v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Jones v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1877
- McDonough v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1888
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