Dunnigan v. Chicago & North-Western Railway Co.
Wisconsin Supreme Court
APREAL from the Circuit Court for Bock County. This action was for damages for the negligent killing by the defendant of cattle belonging to the plaintiff.
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APREAL from the Circuit Court for Bock County. This action was for damages for the negligent killing by the defendant of cattle belonging to the plaintiff. The plaintiff introduced evidence tending to prove that the cattle were killed by being run over by a train on the defendant’s track, a short distance south of a point where the track crossed a highway; that the track was fenced on botb sides; tbat along the south side of the highway there was a fence reaching down to the track on each side of it, and that across the track was a cattle guard; that the guard was at the time filled with snow…
1Opinion of the Court
By the Court,
Cole, J.
The circuit court gave, without qualification or amendment, the several instructions asked for by the appellant on the trial. Those instructions embraced many propositions defining the duties, rights and liabilities of the parties. Among other things, the jury were told that if the evidence showed that the injury to the cattle was occasioned by the mutual negligence of the plaintiff and defendant; or if the wrongful act of the plaintiff co-operated with the misconduct of the defendant to produce the result; or if the owner permitted his cattle to run at large in the…
2Cited by7 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1897
- Fisher v. Farmers' Loan & Trust Co.Wisconsin Supreme Court · 1866
- Herrell v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1902
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