Bennett v. Chicago & North-Western Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bodge County. Action to recover damages for injuries done to a colt belonging to plaintiff, and alleged to have resulted from the negligence of defendant’s servants in running a train upon its track. Verdict and judgment for plaintiff; and defendant appealed. The questions presented by the record are sufficiently stated by the court. cited secs. 1 and 2, ch. 280, Laws of 1860; Corwin v. N. Y. & E. B. B. Co., 3 Kern., 42; Btuche v. M. & JMJ.
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APPEAL from tbe Circuit Court for Bodge County. Action to recover damages for injuries done to a colt belonging to plaintiff, and alleged to have resulted from the negligence of defendant’s servants in running a train upon its track. Verdict and judgment for plaintiff; and defendant appealed. The questions presented by the record are sufficiently stated by the court. cited secs. 1 and 2, ch. 280, Laws of 1860; Corwin v. N. Y. & E. B. B. Co., 3 Kern., 42; Btuche v. M. & JMJ. B. B. Co., 9 Wis., 210; and argued that when the plaintiff had shown a portion of the railroad unfenced, the defendant,…
1Opinion of the Court
By the Court,
Cole, J.
It appears to us that there was error in the refusal of the circuit court to give the first and sixth special instructions as asked by the defendant on the trial. By the first instruction the court' in effect was asked to charge the jury, that if they were satisfied from the evidence that the plaintiff’s colt went upon the track of the railroad from the depot grounds of the company, then the plaintiff could not recover, unless the proof showed that the agents of the company were guilty of gross negligence. The court gave the instruction after striking out the word “…
2Cases cited2 opinions
- Stucke v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
- McCall v. ChamberlainWisconsin Supreme Court · 1861
3Cited by15 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Robinson v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1890
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
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