Murphy v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. A statement of the case was made in the opinion of Mr, Justice Taylor, substantially as follovrs: This action was brought to recoyer of defendant the value of a-small shop or warehouse and a large barn and contents alleged to have been burned by defendant’s negligence.
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APPEAL from the Circuit Court for Jefferson County. A statement of the case was made in the opinion of Mr, Justice Taylor, substantially as follovrs: This action was brought to recoyer of defendant the value of a-small shop or warehouse and a large barn and contents alleged to have been burned by defendant’s negligence. The evidence shows that the plaintiff built his warehouse and barn on the east side of Brook street, in the city of Bond du Lac, and within twelve feet of the line of the main track of defendant’s railroad, which, at the place where the said buildings were situated, and for…
1Opinion of the CourtTayloR, J.
The refusal of the learned circuit judge to give the instructions asked upon the question of plaintiff’s contributory negligence, and the instructions given by him to the effect that the jury were not to consider that question upon the facts presented by the evidence, were based, it is said, upon the decisions of this court in the cases of Kellogg v. Railway Co., 26 Wis., 223, and Erd v. Railway Co., 41 id., 65; he holding that these decisions had established the rule in this state, that the owner of property adjoining the line of a railroad might, in the language of the learned judge, “ use…
2Cases cited18 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Pennsylvania Co. v. GallentineIndiana Supreme Court · 1881
- Peter v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1899
- Omaha Fair & Exposition Ass'n v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1894
- Central Branch Union Pacific Railroad v. HothamSupreme Court of Kansas · 1879
8 more not listed; retrieve them via the Exa API.