Martin v. Stewart
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Portage County. This action is to recover the value of a colt belonging to tbe plaintiff, which was killed by a passing locomotive on the track of the railway operated by the defendants, by reason of their alleged negligence in failing to keep in repair and maintain a fence along their right of way contiguous to the plaintiff’s land.
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APPEAL from tbe Circuit Court for Portage County. This action is to recover the value of a colt belonging to tbe plaintiff, which was killed by a passing locomotive on the track of the railway operated by the defendants, by reason of their alleged negligence in failing to keep in repair and maintain a fence along their right of way contiguous to the plaintiff’s land. There is no general verdict iñ tbe case, but tbe jury found specially that the colt escaped from the plaintiff’s pasture, and went therefrom upon the defendant’s right of way; that the fence between such pasture and right of way…
1Opinion of the CourtLyon, J.
The learned counsel for the plaintiff submitted an ingenious argument to sustain the proposition that the liability of the defendants for the value of the colt killed upon, their railway track by their locomotive was absolute, and that the question of the contributory negligence of the plaintiff is not in the case. We think this proposition is inaccurate. Sec. 1810, R. S., as amended by ch. 193, Laws of 1881, after charging railway companies with the duty of constructing fences and cattle-guards, provides that, “ until such fences and cattle-guards shall be duly made, every railroad…
2Cases cited4 opinions
- Jones v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1877
- Carey v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Lawrence v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1877
- Richardson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
3Cited by4 opinions
- Peterson v. Northern Pacific RailroadWisconsin Supreme Court · 1893
- Heller v. AbbotWisconsin Supreme Court · 1891
- Oeflein v. ZautckeWisconsin Supreme Court · 1896
- Ray v. StuckeyWisconsin Supreme Court · 1902