McCall v. Chamberlain
Wisconsin Supreme Court
ERBOR to tbe Circuit Court for Milwaukee County. 1. Tbe defendant, as lessee of tbe road, acquired no greater rights or immunities than the company possessed. 10 Cush.
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ERBOR to tbe Circuit Court for Milwaukee County. 1. Tbe defendant, as lessee of tbe road, acquired no greater rights or immunities than the company possessed. 10 Cush. (Mass.), 562. 2. Tbe company was required by tbe statute to fence for tbe protection, of tbe public, and it makes no difference in its liability for ¡the damages resulting from a willful violation of tbe statute,; whether horses killed were rightfully or wrongfully on the adjoining land. 3 Kern., 42; 71 E. C. L., 609; 8 Barb. ,(S. C.), 358 ; id., 390 ; 25 Yt. (2 Dean), 116; 25 Ala., 229 ; 5 lad., Ill; 39 Me. (4 Heath), 273 ; 10…
1Opinion of the Court
By the Court,
PAINE, J.
This action was brought to recover of the defendant, as lessee of the La Crosse and Milwaukee Railroad, damages for the alleged killing, by the cars, of three mares and a colt belonging to the plaintiff After the plaintiff’s evidence was closed, the defendant moved for a nonsuit, which was granted.
The evidence upon the fact of the horses having been killed by the cars was circumstantial, but it was clearly sufficient to have been submitted to the jury. Still if the plaintiff’s right of action depended upon showing negligence or unskillfulness in the management of the…
2Cases cited2 opinions
- Nashville & Chattanooga Railroad v. PeacockSupreme Court of Alabama · 1854
- Hurd v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
3Cited by23 opinions
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
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