Blomberg v. Stewart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Price County. The case is stated in the opinion. He contended, inter alia, that the complaint fails to show that the lack of fences was the proximate cause of the injury. It should have alleged that the horse got upon the track at a point where the defendants were bound to maintain a fence and had neglected to do so.
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APPEAL from the Circuit Court for Price County. The case is stated in the opinion. He contended, inter alia, that the complaint fails to show that the lack of fences was the proximate cause of the injury. It should have alleged that the horse got upon the track at a point where the defendants were bound to maintain a fence and had neglected to do so. The horse might have got upon the track at depot grounds or a highway crossing and strayed along the track to the point where it was killed.
1Opinion of the CourtLyon, J.
This is an action to recover the value of a horse belonging to the plaintiff, which was run over and killed by a locomotive and train of cars on the Wisconsin Central Railroad, said railroad being operated by the defendants as trustees. The plaintiff recovered in the court of a justice of the peace before whom the action was brought, and, on appeal, in the circuit court also. The defendants appeal to this court from a judgment against them for $100 damages and costs of suit. There is a special verdict, but no bill of exceptions.
The errors assigned are: (1) The complaint is insufficient; (2)…
2Cases cited5 opinions
- Marquardt v. HubnerSupreme Court of Minnesota · 1899
- Ballou v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Schrier v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1886
- Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1886
- Kirst v. WellsWisconsin Supreme Court · 1879
3Cited by6 opinions
- Illinois Steel Co. v. WarrasWisconsin Supreme Court · 1909
- Schwind v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Dresser v. LemmaWisconsin Supreme Court · 1904
- McDonough v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1887
- Collis v. ConeOregon Supreme Court · 1913
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