Fisher v. Farmers' Loan & Trust Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bode County. Action to recover damages for tbe killing of two colts by a train upon tbe Racine and Mississippi Railroad, through tbe alleged negligence of the defendant, then bolding and operating tbe road.
Read the full summary
APPEAL from tbe Circuit Court for Bode County. Action to recover damages for tbe killing of two colts by a train upon tbe Racine and Mississippi Railroad, through tbe alleged negligence of the defendant, then bolding and operating tbe road. The cause was tried by a referee, wbo found as facts, tbat tbe colts, while in tbe possession of one Hays, without his fault or negligence, strayed upon the track from an adjoining pasture, through a fence which defendant was bound to maintain; that said fence was in good condition, and defendant in no way chargeable with negligence for failure to keep it…
1Opinion of the CourtCole, J.
This cause was tried before a referee; and therefore it becomes our duty, under section 16, chap. 264, Laws of 1860, to examine the testimony, and to decide questions of fact according to the weight of evidence. It is very obvious that this statute has changed the practice in this particular; since, before its adoption, it was a familiar and well settled rule that the appellate court would not disturb the finding of a referee or a judge in common law actions upon questions of fact, upon mere preponderance of testimony. But the law now requires, in cases tried by the court or before a referee,…
2Cases cited3 opinions
- Stucke v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
- Snyder v. WrightWisconsin Supreme Court · 1861
- Dunnigan v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
3Cited by9 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
- Spackman v. GrossSouth Dakota Supreme Court · 1910
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
4 more not listed; retrieve them via the Exa API.