Herrell v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Lafayette -county: Geoege Clem:eNtsoN, Circuit Judge. Action for loss of a horse by negligence of defendant. The -evidence tended to prove the following state of facts: Plaintiff lived on a farm about a mile and a quarter west ■of a highway crossing known as “Fox Crossing,” on the defendant’s right of way.
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Appeal from a judgment of tbe circuit court for Lafayette -county: Geoege Clem:eNtsoN, Circuit Judge. Action for loss of a horse by negligence of defendant. The -evidence tended to prove the following state of facts: Plaintiff lived on a farm about a mile and a quarter west ■of a highway crossing known as “Fox Crossing,” on the defendant’s right of way. On the 6th of November, 1900, at about 4 o’clock in the afternoon, his brother opened the gates ■of a pasture near the house, and drove certain cows up to the barnyard to be milked, and returned them after milking, — an interval -of about half…
1Opinion of the CourtDodge, J.
Appellant’s first position involves the contention that there was no evidence justifying the inference of the *608jury that the horse which was killed was, at the time of being run down, within the right of way of the defendant, so that the event could be ascribed to the defective condition of the cattle guard. After a careful perusal o^ the evidence, we are unable to concur in this view. The rule has been many times declared in this court that if there is any credible evidence, which, if believed by the jury, might support their conclusions, it is not for this court, upon appeal, to set them…
2Cases cited4 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- McCall v. ChamberlainWisconsin Supreme Court · 1861
- Pitzner v. ShinnickWisconsin Supreme Court · 1875
- Dunnigan v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
3Cited by2 opinions
- Atkinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1903
- Fonder v. General Construction Co.Wisconsin Supreme Court · 1911