Grosse v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court-for Oconto county: S. D. Hastings, Je., Circuit Judge. The action is for damages for the killing of two colts by the defendant’s train near Little Suamico. At that place the defendant maintains a regular station, consisting of a depot building for freight and passengers, a water tank, cattle pens, and sidetracks. One sidetrack terminates at a switch which is about 1,400 feet north from the depot building.
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Appeal from a judgment of the circuit court-for Oconto county: S. D. Hastings, Je., Circuit Judge. The action is for damages for the killing of two colts by the defendant’s train near Little Suamico. At that place the defendant maintains a regular station, consisting of a depot building for freight and passengers, a water tank, cattle pens, and sidetracks. One sidetrack terminates at a switch which is about 1,400 feet north from the depot building. A short distance north of the switch is a cattle guard, and from that point northward the right of way is fenced. South from this cattle guard the…
1Opinion of the CourtEewmah, J.
Ordinarily, no doubt, the question whether the locus in quo is depot grounds is fr the jury. Fowler v. Farmers' L. & T. Co. 21 Wis. 78; Dinwoodie v. C., M. & St. P. R. Co. 10 Wis. 160; McDonough v. M. & N. R. Co. 73 Wis. 223. But, doubtless, there may be cases so clear upon the evidence and situation as to admit of but one conclusion, so that there is no disputed question for the jury to pass upon. In such cases the court should decide the matter *484and not submit it to the jury. The appellant contends that this is such a case. But the court has taken a different view of it.
“Depot grounds” have…
2Cases cited2 opinions
- Plunkett v. Minneapolis, Sault Ste. Marie & Atlantic Railway Co.Wisconsin Supreme Court · 1891
- McDonough v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1888
3Cited by13 opinions
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Schwind v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Mills & Le Clair Lumber Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1896
- Garcia v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1950
- Wilmot v. Oregon RailroadOregon Supreme Court · 1906
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