Lawrence v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Manitowoc County. Action for tbe killing of plaintiff’s ox by a train on tbe defendant’s railroad, on tbe 30tb of December, 1875. Tbe complaint avers that on account of defendant’s failure to build or maintain good and suitable fences, or any fences at all, as required by secs. 34 and 35, cb. 76, Tay.
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APPEAL from tbe Circuit Court for Manitowoc County. Action for tbe killing of plaintiff’s ox by a train on tbe defendant’s railroad, on tbe 30tb of December, 1875. Tbe complaint avers that on account of defendant’s failure to build or maintain good and suitable fences, or any fences at all, as required by secs. 34 and 35, cb. 76, Tay. Stats, (secs 1 and 3, ch. 268 of 1860), tbe ox in question strayed upon defendant’s track, at a place specified; and that defendant so negligently ran and managed its locomotive and cars, and its track, that tbe ox was run over and killed, without any fault on…
1Opinion of the Court
Eyan, O. J.
The appellant gave no evidence showing or tending to show that the respondent was guilty of any negligence in running the train which killed the ox. Indeed, all the evidence on that subject goes to disprove any immediate negligence of the respondent in the mere killing of the animal. If the respondent, therefore, be chargeable with any negligence, it must he in something which led to the presence of the animal on the track, exposing it to inj ury by the passing train.
The want of fences on the line of the railroad, as required by law, is the excuse set up in the complaint for the…
2Cases cited3 opinions
- Stucke v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
- McCall v. ChamberlainWisconsin Supreme Court · 1861
- Brown v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1866
3Cited by6 opinions
- Murphy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Carey v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- McDonough v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1888
- Martin v. StewartWisconsin Supreme Court · 1889
- McCandless v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
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