Leavitt v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL' from the Circuit Court for Walworth County. Action to recover damages on account of the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant.
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APPEAL' from the Circuit Court for Walworth County. Action to recover damages on account of the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. The evidence given on behalf of the plaintiff tended to establish the following facts: On the afternoon of November 26,1882, the deceased was driving some cattle at a point whore the defendant’s track crosses the highway which runs east and west between sections 24 and 25 in the town of Clinton, Rock county. The railroad track at this point runs northwest and southeast. In some way the cattle got…
1Opinion of the Court
Cole, O. J.
It is apparent that the learned circuit court was dissatisfied with his decision on the motion for a non-suit. It is said the nonsuit was improperly set aside, because (1) no actionable negligence on the part of the servants of the defendant was proven on the trial; and (2) because the evidence showed that the deceased himself was guilty of negligence which contributed to the injury. In respect to these propositions, if we could say that there was not sufficient evidence to warrant a jury in finding that the servants of the defendant were guilty of negligence in the management of…
2Cases cited1 opinion
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
3Cited by4 opinions
- Buehner Chair Co. v. FeulnerIndiana Supreme Court · 1905
- Hemmingway v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
- Blodgett v. AbbotWisconsin Supreme Court · 1888
- Walker v. Vicksburg, Shreveport & Pacific RailroadSupreme Court of Louisiana · 1889