Blair v. Milwaukee & Prairie du Chien Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action by Franklin J. Blair and wife, to recover damages for injuries received by the latter while a passenger on defendant's road, and alleged to have been caused by defendant’s negligence.
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APPEAL from the Circuit Court for Milwaukee County. Action by Franklin J. Blair and wife, to recover damages for injuries received by the latter while a passenger on defendant's road, and alleged to have been caused by defendant’s negligence. The complaint alleges, in substance, that in consideration that &c., defendant (which is alleged to have been a common carrier, &c.) promised and undertook to convey Mrs. Blair from Madison to Milwaukee, and to use due care and diligence, &c., and that confiding in said promise and undertaking, Mrs. Blair did, on &c., engage a seat in defendant’s cars,…
1Opinion of the CourtDixon, C. J.
Section one of the act approved March 30, 1860 (Laws of 1860, ch. 268), is an almost literal transcript of section 44 of the general railroad act of New York of 1850. It was first passed in that state in 1848, and was under consideration in the Court of Appeals in Corwin v. The New York & Erie Railroad Co., 13 N. Y., 45. I agree to the opinions of the judges in that case, and especially to that expressed by Judge Denio, that it was not enacted for the paltry purpose of determining who should bear the pecuniary burthen of building and maintaining division fences, as between railroad companies *258a…
2Cases cited7 opinions
- Erben v. . LorillardNew York Court of Appeals · 1859
- Lafayette & Indianapolis Railroad v. ShrinerIndiana Supreme Court · 1855
- McCall v. ChamberlainWisconsin Supreme Court · 1861
- State Bank v. DuttonWisconsin Supreme Court · 1860
- Bennett v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Dickson v. Omaha & St. Louis RailroadSupreme Court of Missouri · 1894
- Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
- Schmidt v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
13 more not listed; retrieve them via the Exa API.