McCann v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of. the circuit court for Ashland county: Johu K. PaRish, Circuit Judge. P-laintiffs’ horses escaped from his pasture, and went upon defendant’s right of way at a private crossing, where the gate had been destroyed for such time as to charge defendant with notice of it, and were fatally injured by a passing-train. This action was brought to recover the loss upon the ground that it was caused by defendant’s failure to keep its-track fenced.
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Appeal from a judgment of. the circuit court for Ashland county: Johu K. PaRish, Circuit Judge. P-laintiffs’ horses escaped from his pasture, and went upon defendant’s right of way at a private crossing, where the gate had been destroyed for such time as to charge defendant with notice of it, and were fatally injured by a passing-train. This action was brought to recover the loss upon the ground that it was caused by defendant’s failure to keep its-track fenced. The defense was contributory negligence. At the close of the evidence a motion was made to direct a verdict in defendant’s favor…
1Opinion of the CourtTVTaRkttat.t., J.
The sole question on this appeal is, Did the court err in not granting defendant’s motion for a verdict? That turns on whether the undisputed facts conclusively show contributory negligence on the part of the person who had charge of the horses. The evidence shows, with-*666■oat question, that such person knew of the opening in the .railway right of way at the crossing when he turned the .horses loose on the premises of one Day, a short distance from such opening; that such premises were inclosed originally, partly by a wire fence, partly by a creek, partly by ■a pole fence, and partly by a…
2Cases cited2 opinions
- Peterson v. Northern Pacific RailroadWisconsin Supreme Court · 1893
- City of Seymour v. Town of SeymourWisconsin Supreme Court · 1882
3Cited by3 opinions
- Perrault v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1903
- Habenicht v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1906
- Ray v. StuckeyWisconsin Supreme Court · 1902