Cook v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The complaint alleges that the plaintiff conveyed to the Oshkosh & Mississippi River Railroad Company a right of way for its railroad over certain lands owned by him, and then states an agreement between the plaintiff and that company as follows: “That at the time of making such conveyance, and as part of the consideration thereof, it was agreed by and between the plaintiff and the said Oshkosh & Mississippi River Railroad…
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APPEAL from the Circuit Court for Winnebago County. The complaint alleges that the plaintiff conveyed to the Oshkosh & Mississippi River Railroad Company a right of way for its railroad over certain lands owned by him, and then states an agreement between the plaintiff and that company as follows: “That at the time of making such conveyance, and as part of the consideration thereof, it was agreed by and between the plaintiff and the said Oshkosh & Mississippi River Railroad Company, that the said last named company should construct in a suitable manner two farm crossings and two cattle guards…
1Opinion of the CourtLyon, J.
The only negligence which the complaint imputes to the defendant, is the failure to put in the additional cattle guard; and the loss of, or injury to, the horses of the plaintiff is attributed solely to the absence thereof. The action is predicated upon the hypothesis that the defendant was under a legal obligation to put in the cattle guard, and hence is liable for all damages suffered by the plaintiff in consequence of its neglect to do so. Unless this hypothesis is correct, the complaint fails to state a cause of action against the defendant. The controll*49ing question is, therefore, Was the…
2Cases cited1 opinion
- McCall v. ChamberlainWisconsin Supreme Court · 1861
3Cited by8 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Reynolds v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Kentucky Central R. R. v. KenneyCourt of Appeals of Kentucky · 1884
- Omaha & R. V. R. v. SeverinNebraska Supreme Court · 1890
- Dickey v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1894
3 more not listed; retrieve them via the Exa API.