Oeflein v. Zautcke
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Tbe facts are stated in tbe opinion. To the point that the defendant was not liable to the plaintiff by reason of any negligence in allowing the gate upon his own land to be open, they cited, Cooley, Torts, 660; Bl/yth v. Topham, 1 Oro.
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Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Tbe facts are stated in tbe opinion. To the point that the defendant was not liable to the plaintiff by reason of any negligence in allowing the gate upon his own land to be open, they cited, Cooley, Torts, 660; Bl/yth v. Topham, 1 Oro. Jac. 158; Bush v. Brainard, 1 Cow. 78; Klim v. Nieman, 68 "Wis. 271; Harrison v. Brown, 5 id. 27; Fisher v. Farmers' I. <& T. Co. 21 id. 73; Cincinnati, W. & M. B. Co. v. Stanley, 4 Ind. App. 364; Brice v. N J B. <& T. Go. 31 N. J. Law, 229.
1Opinion of the Court
Cassoday, C. J..
This action was brought to recover the value of the plaintiff’s horse, which strayed from the highway onto the defendant’s premises, and from thence through an open gate ai the defendant’s railway crossing onto the portion of the track of the Chicago, Milwaukee & St. Paul Eailway which ran over and across the defendant’s farm, and while there was struck and killed by a passing locomotive of the company. The undisputed evidence is to the •effect that the company had, a long time prior to the accident, erected on both sides' of its railway, crossing said farm, good and…
2Cases cited8 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Klix v. NiemanWisconsin Supreme Court · 1887
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Pitzner v. ShinnickWisconsin Supreme Court · 1875
- Jones v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1877
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