Ryan v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Langlade -county: Jonsr Goodland, Circuit Judge. This is an action to recover damages for the killing of three horses by the defendant’s railroad train on the evening •of the 13th or the morning of the 14th of July, 1895, said horses having strayed upon the defendant’s right of way by reason of the fence being down.
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Appeal from a judgment of tlie circuit court for Langlade -county: Jonsr Goodland, Circuit Judge. This is an action to recover damages for the killing of three horses by the defendant’s railroad train on the evening •of the 13th or the morning of the 14th of July, 1895, said horses having strayed upon the defendant’s right of way by reason of the fence being down. The defendant’s railroad runs north and south through sections 1, 11, and 36, in the town of Summit, and section 18, town 33, range 11, both in the county of Langlade. The plaintiff lived on section 5, town 34, range 10, and had a…
1Opinion of the CourtWinslow, J.
The notice required to be given by ch. 202, Laws of 1893, was a condition precedent to the maintenance of the action. Weed & Gumaer Mfg. Co. v. Whitcomb, ante, p. 226. Such notice must state the “ time and place ” where such damage occurred. Laws of 1893, ch. 202. This means that “ it must point as directly and plainly to the place of the injury as is reasonably practicable, having regard to its character and surroundings.” Weber v. Greenfield, 74 Wis. *509234; Sowle v. Tomah, 81 Wis. 349. The fact that some of defendant’s officers or employees may have known where the damage occurred is not…
2Cases cited2 opinions
- Weber v. Town of GreenfieldWisconsin Supreme Court · 1889
- Sowle v. City of TomahWisconsin Supreme Court · 1892
3Cited by6 opinions
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Meisenheimer v. KelloggWisconsin Supreme Court · 1900
- City of Tulsa v. McIntoshSupreme Court of Oklahoma · 1930
- Department of Revenue v. DziubekWisconsin Supreme Court · 1970
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