McCandless v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. The case is thus stated by Mr. Justice Tayloe: This action was- brought to recover the value of plaintiff’s cow, which was injured on the track of the defendant’s railroad by a passing train. On the trial, the court ordered a non-suit, and the complaint was dismissed, with costs. The ground of the nonsuit was, that the evidence showed that negligence of the plaintiff contributed to the accident.
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APPEAL from the County Court of Winnebago County. The case is thus stated by Mr. Justice Tayloe: This action was- brought to recover the value of plaintiff’s cow, which was injured on the track of the defendant’s railroad by a passing train. On the trial, the court ordered a non-suit, and the complaint was dismissed, with costs. The ground of the nonsuit was, that the evidence showed that negligence of the plaintiff contributed to the accident. The evidence shows that the plaintiff lived in the city of Menasha, on the north side of the street along which the track of the defendant’s road ran;…
1Opinion of the CourtTaxlob, J.
The plaintiff alleges that it was error to direct a nonsuit, for the reasons, that the question of contributory negligence on the part of the plaintiff was a question of fact for the jury, and not a question of law; and that the court should have submitted to the jury whether the injury to the cow was not attributable to the gross negligence or willful act of the defendant’s servants. It is also alleged that the court erred in rejecting.evidence offered by the plaintiff.
This court has finally settled the question in this state, that the neglect of a railroad company to fence its road does not…
2Cases cited3 opinions
- Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Chicago & North-Western Railway Co. v. GossWisconsin Supreme Court · 1863
- Lawrence v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1877
3Cited by4 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Boyle v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1886
- Heller v. AbbotWisconsin Supreme Court · 1891