Legal Opinion

Decker v. McSorley

Wisconsin Supreme Court

Decided June 20, 1901PublishedCited by 20 opinions

Appeal from a judgment of the circuit court for La Crosse county: O. B. "Wymam, Circuit Judge. This is an action by the plaintiff, as administrator of the estate of one Blair Decker, deceased, to recover damages for the death of said Blair Decker, such death having resulted from the kick of a horse owned by the defendant.

Read the full summary

Appeal from a judgment of the circuit court for La Crosse county: O. B. "Wymam, Circuit Judge. This is an action by the plaintiff, as administrator of the estate of one Blair Decker, deceased, to recover damages for the death of said Blair Decker, such death having resulted from the kick of a horse owned by the defendant. The evidence showed that the accident happened upon Caledonia street, in the city of La Crosse; that Blair Decker, the deceased, was a boy four and one-half years of age, and was the son of the plaintiff;' that on the morning of September 23, 1899, a horse owned by the…

1Opinion of the CourtWinslow, J.

The plaintiff predicated his claim of negligence on the part of the defendant in this case upon two grounds: first, on the ground that the horse was permitted to be at large in the street in violation of the terms of an •ordinance of the city of La Crosse; and, second, on the ground that the horse was a vicious horse, and was permitted to be at large by the defendant with knowledge of its vicious character.

It is claimed by the defendant that the ordinance was not sufficiently pleaded to entitle it to be admitted in evidence. The complaint alleged generally that at the time of the injury one…

2Cases cited8 opinions

  1. Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
  2. Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
  3. Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
  4. Decker v. GammonSupreme Judicial Court of Maine · 1857
  5. Baldwin v. EnsignSupreme Court of Connecticut · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. George v. Estate of BakerSupreme Court of Minnesota · 2006
  2. Fox v. KoehnigWisconsin Supreme Court · 1926
  3. Rea v. . SimowitzSupreme Court of North Carolina · 1945
  4. Johnston v. PoulinSupreme Court of Rhode Island · 2004
  5. Corbett v. Oregon Short Line RailroadUtah Supreme Court · 1903

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API