Pitzner v. Shinnick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action for the value of plaintiff’s cows killed, upon a railway track, upon which they entered from defendant’s land, through a gate in the railroad fence alleged to have "been left open through defendant’s negligence.
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APPEAL from the Circuit Court for Jefferson County. Action for the value of plaintiff’s cows killed, upon a railway track, upon which they entered from defendant’s land, through a gate in the railroad fence alleged to have "been left open through defendant’s negligence. The decision of this court on a former appeal herein, reversing a judgment of non-suit, is reported in 39 Wis., 129-137, where the grounds of the action are more fully stated, and the statute under which it was brought (Tay. Stats., 1044, § 36) is recited (on p. 131). The evidence on the second trial as to defendant’s…
1Opinion of the CourtCole, J.
This case principally turns upon the following offer of evidence made by the counsel for the defendant on the trial: “ I offer to show that, previous to this accident, previous to the plaintiff going on to these premises to live, this fence between the plaintiff and defendant had been divided by virtue of a parol agreement between the defendant and ihe plaintiff’s landlord; and that the north half, and the place where the cattle got over onto the defendant’s land, as claimed by the plaintiff, belonged j to the plaintiff to repair and keep in order; and that the plaintiff knew of this…
2Cases cited6 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Pitzner v. ShinnickWisconsin Supreme Court · 1875
- Guyer v. StrattonSupreme Court of Connecticut · 1861
- Tupper v. ClarkSupreme Court of Vermont · 1870
- Wright v. WrightSupreme Court of Connecticut · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- De Mers v. RohanSupreme Court of Iowa · 1905
- Taylor v. YoungWisconsin Supreme Court · 1884
- Crawford v. Southern RailwayCourt of Appeals of Kentucky · 1913
- Nelson v. WilsonSupreme Court of Iowa · 1912
- Sayles v. BemisWisconsin Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.