Dinwoodie v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action to recover damages for the killing of an ox, which it is alleged strayed upon the defendant’s railroad track at a point where the defendant was bound to fence the same but had neglected to do so. The facts will sufficiently appear from the opinion. The plaintiff had a verdict for $75, and from the judgment entered thereon the defendant appealed.
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APPEAL from the Circuit Court for Portage County. Action to recover damages for the killing of an ox, which it is alleged strayed upon the defendant’s railroad track at a point where the defendant was bound to fence the same but had neglected to do so. The facts will sufficiently appear from the opinion. The plaintiff had a verdict for $75, and from the judgment entered thereon the defendant appealed. Counsel for the respondent argued, among other things, that when a railroad company asserts that the place was one which it was not bound to fence, it must affirmatively establish that fact.…
1Opinion of the CourtCole, C. J.
The errors relied on for a reversal of the judgment are (1) that there is no testimony which shows or tends to show that the ox which was killed got upon the right of way at a point where the defendant company was *162bound, to maintain-a fence and did not; (2) that the undisputed testimony shows that the ox was killed upon its depot grounds.
■ The fact is admitted that the animal was killed about sixty rods north of the station building at Hutchinson; that at this point the right of way was fenced on the east side, but not on the west. It appears from the testimony that there was a ditch and an…
2Cited by7 opinions
- State v. RicheyWest Virginia Supreme Court · 1982
- Wilmot v. Oregon RailroadOregon Supreme Court · 1906
- McDonough v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1888
- Anderson v. StewartWisconsin Supreme Court · 1890
- Jaeger v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1889
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