Horn v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. On the 26th of November, 1872, in the evening, while the plaintiff was traveling in a wagon drawn by one horse across defendant’s track where the same crosses a highway in the city of Janesville, one or more cars belonging to defendant were thrown off from the switch engine and backed down upon the track, and struck and broke the plaintiff’s wagon, throwing him out and inflicting upon him certain personal injuries.
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APPEAL from tbe Circuit Court for Dane County. On the 26th of November, 1872, in the evening, while the plaintiff was traveling in a wagon drawn by one horse across defendant’s track where the same crosses a highway in the city of Janesville, one or more cars belonging to defendant were thrown off from the switch engine and backed down upon the track, and struck and broke the plaintiff’s wagon, throwing him out and inflicting upon him certain personal injuries. This action was brought to recover for the injuries thus sustained. The complaint alleged that the accident was caused by the…
1Opinion of the CourtRyan, C. J.
The advantages and dangers of transportation by railroad are inseparable, resting alike on power and rapidity of movement. The external danger is most apparent where these roads cross other highways, proportionally with density of population. Therefore, while the franchise of railroad corporations licenses generally unlimited speed, power is reserved to the legislature to regulate the exercise of the franchise for public security. Hence such provisions as secs. 23 aud 41, ch, 79, E. S., continued in secs. 37 and 43 of the general railroad act of 1872.
And we cannot agree with the learned…
2Cases cited3 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- McCall v. ChamberlainWisconsin Supreme Court · 1861
- Hewitt v. Town of Grand ChuteWisconsin Supreme Court · 1859
3Cited by8 opinions
- Candee v. EganWisconsin Supreme Court · 1978
- Piper v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Stittgen v. RundleWisconsin Supreme Court · 1898
- Davey v. City of JanesvilleWisconsin Supreme Court · 1901
- Fitts v. Cream City RailroadWisconsin Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.