Betts v. Farmers' Loan & Trust Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. Action for injuries to stock while being carried over the Racine and Mississippi Railroad, then operated by defendant. The complaint alleges that the injuries were caused by defendant’s negligence in carrying the cattle in a car with defective and imperfectly fastened doors, which were thrown open by the motion of the car, so that the cattle escaped.
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APPEAL from tbe Circuit Court for Walworth County. Action for injuries to stock while being carried over the Racine and Mississippi Railroad, then operated by defendant. The complaint alleges that the injuries were caused by defendant’s negligence in carrying the cattle in a car with defective and imperfectly fastened doors, which were thrown open by the motion of the car, so that the cattle escaped. The contract under which the cattle were shipped contained the following provisions : “ The line will not assume any liability over one hundred dollars, on horses and valuable live stock, except…
1Opinion of the CourtDixon, C. J.
The judgment is erroneous, and must be reversed.
1. The letter and telegram from Knapp, the assistant superintendent of the railroad, to Cary, the station agent at Springfield, ought not to have been received in evidence. They were instructions from a superior to an inferior agent of the company, having some relation to the affairs in controversy, but not admissions of a kind entitled to be given in evidence. Knapp, the assistant superintendent, was a stranger to the facts in dispute ; he took no part in the transaction; and knew nothing about it, and was consequently disqualified from making…
2Cited by12 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
- Morrison v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1878
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
- Potts v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
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