Quackenbush v. Wisconsin & Minnesota Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the failure of the defendant to fence its line of railroad as required by law-. The facts alleged in the complaint will sufficiently appear from the opinion. The defendant appealed from an order overruling its general demurrer to the complaint.
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APPEAL from the Circuit Court for Chippewa County. Action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the failure of the defendant to fence its line of railroad as required by law-. The facts alleged in the complaint will sufficiently appear from the opinion. The defendant appealed from an order overruling its general demurrer to the complaint. They contended, inter alia, that the statute (sec. 1810, R. S., as amended by ch. 193-, Laws of 18S1) imposing an absolute liability upon the railroad company and debarring it from interposing any…
1Opinion of the Court
Colb, O. J.
It is alleged in the complaint that the plaintiff’s intestate, while engaged as a conductor in running a train upon the defendant’s road in the exercise of ordinary care, was killed by the train being thrown off the track, and the cars wrecked, in consequence of the train running over a steer or heifer which had strayed upon the track. It is alleged that the railroad track at the place where the animal got upon the same, and where it was run over by the train, or where the accident occurred, was wholly unfenced, and had never been fenced, though it was outside of depot grounds, and…
2Cases cited1 opinion
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
3Cited by27 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Caspar v. LewinSupreme Court of Kansas · 1910
- Sexton ex rel. Kin v. Newark District Telegraph Co.Supreme Court of New Jersey · 1913
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
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