Hunter v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chaeles Smith, Judge. This is an action to recover the value of a horse alleged to have been killed by the neglect of the defendant to place cattle guards at a highway crossing.
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Appeal from a judgment of the superior court of Douglas county: Chaeles Smith, Judge. This is an action to recover the value of a horse alleged to have been killed by the neglect of the defendant to place cattle guards at a highway crossing. The complaint alleged that there was a highway known as “ Eighteenth Street,” on the south line of the city of Superior, which ran east and west, and crossed the track and right of way of the defendant substantially at right angles; that the defendant had failed to place cattle guards, as required by law, at the crossing, and that a horse owned by the…
1Opinion of the Court
"WiNSLow, J.
Sec. 1810, S. & B. Ann. Stats., requires every railroad company to construct and maintain cattle guards at all highway crossings, and this action was based upon an alleged failure to fulfill that duty. The notice served upon the company previous to the commencement of the action specifies that the absence of a cattle guard at the public highway crossing was the cause of the death of the animal, and the complaint reiterates this statement as the sole ground of liability. No amendment charging any different ground of negligence was made upon the trial nor offered to be made, and…
2Cited by3 opinions
- State v. HalvorsonWisconsin Supreme Court · 1925
- DeWitz v. Northern States Power Co.Wisconsin Supreme Court · 1955
- Threedy v. BrennanDistrict Court, E.D. Wisconsin · 1941