Legal Opinion

Hackett v. Western Union Telegraph Co.

Wisconsin Supreme Court

Decided September 29, 1891PublishedCited by 24 opinions

APPEAL from tbe Circuit Court for La Crosse County. This action was commenced August 30, 1888. Tbe complaint alleges, in effect, that in tbe latter part of August or tbe first part of September, 1879, tbe defendant was engaged in tbe erection and .construction of a telegraph line from Caledonia Junction to and into the village of Caledonia, in Houston county, Minn., and that while so engaged it negligently, carelessly, and wrongfully dug a bole five or six feet deep in one…

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APPEAL from tbe Circuit Court for La Crosse County. This action was commenced August 30, 1888. Tbe complaint alleges, in effect, that in tbe latter part of August or tbe first part of September, 1879, tbe defendant was engaged in tbe erection and .construction of a telegraph line from Caledonia Junction to and into the village of Caledonia, in Houston county, Minn., and that while so engaged it negligently, carelessly, and wrongfully dug a bole five or six feet deep in one of tbe public streets of said village, and left tbe same open and unguarded during a dark night, and by reason thereof…

1Opinion of the CourtCassoday, J.

There is evidence to the effect that the hole mentioned in the foregoing statement was dug by persons engaged in the construction of the telegraph line, in one of the traveled public streets of the village, and negligently left open and unguarded at night, and that the plaintifE fell into the same and was injured. But, after a very careful reading of the printed case, we are unable to find sufficient evidence to sustain a verdict to the effect that the defendant in any way participated in such negligence. The learned counsel for the plaintiff place great reliance upon the admission in the…

2Cases cited11 opinions

  1. Robbins v. Chicago CitySupreme Court of the United States · 1867
  2. Chicago City v. RobbinsSupreme Court of the United States · 1863
  3. Hexamer v. . WebbNew York Court of Appeals · 1886
  4. Blake v. . FerrisNew York Court of Appeals · 1851
  5. Scammon v. City of ChicagoIllinois Supreme Court · 1861

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

3Cited by24 opinions

  1. Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
  2. Mendota Club v. AndersonWisconsin Supreme Court · 1899
  3. Carlson v. StockingWisconsin Supreme Court · 1895
  4. Fulton County St. Railroad v. McConnellSupreme Court of Georgia · 1891
  5. Medley v. Trenton Investment Co.Wisconsin Supreme Court · 1931

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