Richardson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rook County. The railway of the defendant runs through the plaintiffs farm. In October, 1818, a mule and some horses of the plaintiff escaped from his pasture adjoining the railway track, through a defective gate in the railway fence, and went upon the track, where they were run over by a passing locomotive and train. The mule was killed and some of the horses were injured. This action is to recover damages therefor.
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APPEAL from the Circuit Court for Rook County. The railway of the defendant runs through the plaintiffs farm. In October, 1818, a mule and some horses of the plaintiff escaped from his pasture adjoining the railway track, through a defective gate in the railway fence, and went upon the track, where they were run over by a passing locomotive and train. The mule was killed and some of the horses were injured. This action is to recover damages therefor. It is not disputed that the gate was out of repair. The defense is that the plaintiff was guilty of negligence which contributed directly to the…
1Opinion of the CourtLyon, J.
The undisputed evidence is that the gate through which the plaintiff’s mule and horses escaped from his pasture, when the injury complained of occurred, had been out of repair for several weeks, and that the defendant’s section foreman, whose duty it was to repair it, had timely and repeated notice thereof. That the defendant is chargeable with negligence in not repairing the gate is beyond question. After the gate had become defective, one of the mules of the plaintiff went through it, and later his horses escaped from the pasture through the same gate. Thereupon, and four or five weeks…
2Cited by6 opinions
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Perrault v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1903
- Peterson v. Northern Pacific RailroadWisconsin Supreme Court · 1893
- Martin v. StewartWisconsin Supreme Court · 1889
- Habenicht v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1906
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