Mills & Le Clair Lumber Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. Action for injury to a span of mules by the defendant’s train at a station called South Eange. The negligence claimed is that at the place of the accident the defendant’s road was unfenced, and that the train was run at great speed and without warnings of its approach.
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Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. Action for injury to a span of mules by the defendant’s train at a station called South Eange. The negligence claimed is that at the place of the accident the defendant’s road was unfenced, and that the train was run at great speed and without warnings of its approach. The defense claimed that the place of the accident was depot grounds which it was not required to fence, and that the mules had strayed upon the defendant’s right of way, and were trespassers there. The place of the accident was left unfenced…
1Opinion of the CourtNewMAN, J.
The appellant alleges six errors: (1) The exclusion of evidence showing the speed of the train and the absence of warnings by bell and whistle. (2) In not directing a verdict for plaintiff. (3) In submitting to th¿ jury the question whether the place where the mules entered the right of way was depot grounds. (4) By writing into the special verdict the figures “ 1,000,” by mistake, instead of “ 100,” in answer to a question. (5) The jury erred in answering- “ No evidence ” to the question, “ Flow far and in what direction from the place of the accident did the mules enter upon the right of…
2Cases cited9 opinions
- Stucke v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
- Nolan v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- Bremmer v. Green Bay, Stevens Point & Northern RailroadWisconsin Supreme Court · 1884
- Voak v. . Northern Central Railway CompanyNew York Court of Appeals · 1878
- Bennett v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Guild v. MoreNorth Dakota Supreme Court · 1915
- St. Louis S. F. R. Co. v. BrownSupreme Court of Oklahoma · 1912
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Everett v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
5 more not listed; retrieve them via the Exa API.