Perrault v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county: S. D. HastiNG-s, Je., Circuit Judge. Action to recover for cattle killed on defendant’s railway track by one of its engines colliding with them. The claim of plaintiff as set forth in her complaint was that the cattle entered upon defendant’s right of way at a point where it negligently permitted its fence to remain broken down and insufficient, and then went upon the track .and were killed.
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Appeal from a judgment of the circuit court for Mari-nette county: S. D. HastiNG-s, Je., Circuit Judge. Action to recover for cattle killed on defendant’s railway track by one of its engines colliding with them. The claim of plaintiff as set forth in her complaint was that the cattle entered upon defendant’s right of way at a point where it negligently permitted its fence to remain broken down and insufficient, and then went upon the track .and were killed. There was an issue raised, distinctly, respecting negligence of defendant in permitting its fence to be out of repair, but not as to…
1Opinion of the CourtMarshaxx, J.
In tbe complaint respondent’s cause of action was grounded solely on negligence of tbe appellant in respect to beeping its fence in repair. That inferentially admitted that but for sucb negligence tbe cattle would not have gone upon tbe right of way and tbe damage been caused “in whole or in part” from want of compliance with tbe statutory duty as to fences. Tbe point is made that on sucb state of tbe pleadings a recovery should not have been allowed on the ground of failure to construct a proper fence. However, it appears quite clearly from tbe record that appellant is in no position to…
2Cases cited10 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
- State v. HuckWisconsin Supreme Court · 1871
- Crumbly v. BardonWisconsin Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ulicke v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
- Miller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Miller v. Northern Pacific Railway Co.Idaho Supreme Court · 1913
- Paquin v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1906
- Goodrich v. StateWisconsin Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.