McDonough v. Milwaukee & Northern Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The case is sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. to the point that it is for the court and not for the jury to say whether, under the evidence, a particular locality is depot grounds or not, cited Pierce on Railroads, 30; Illinois dent. It. Co. v. Wha-len, 42 Ill. 396; Chicago & Q. T. It.
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APPEAL from the Circuit Court for Brown County. The case is sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. to the point that it is for the court and not for the jury to say whether, under the evidence, a particular locality is depot grounds or not, cited Pierce on Railroads, 30; Illinois dent. It. Co. v. Wha-len, 42 Ill. 396; Chicago & Q. T. It. Co. v. Campbell, 47 Mich. 265; Flmt de P. M. P. Co. v. lull, 28 id. 511; McGrath v. D. M. & M. It. Co. 57 Mich. 555.
1Opinion of the CourtTaylor, J.
This action was brought by the respondent to recover the value of a span of horses which had escaped from his inclosure and was killed upon the track of said appellant by a passing train. On the trial there was no dispute that the plaintiff’s horses were killed by a train on the track of said companj^ as alleged in the complaint. There was no contention that the horses escaped from the plaintiff’s inclosure by his negligence, nor as to the value of the horses. The plaintiff based his claim for damages against the company on the ground that the company had neglected to fence its line of road…
2Cases cited9 opinions
- McCall v. ChamberlainWisconsin Supreme Court · 1861
- Blair v. Milwaukee & Prairie du Chien RailroadWisconsin Supreme Court · 1866
- Bennett v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
- Antisdel v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Fowler v. Farmers' Loan & Trust Co.Wisconsin Supreme Court · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Grosse v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1895
- Wilmot v. Oregon RailroadOregon Supreme Court · 1906
- Tilton v. J. L. Gates Land Co.Wisconsin Supreme Court · 1909
- Anderson v. StewartWisconsin Supreme Court · 1890
- Jaeger v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.