Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Monroe county: O. B. "Wyman, Circuit Judge, This is an action to recover the value of a team of horses hilled by a collision with defendant’s passenger train upon a country highway crossing about a half mile northwest of the city of Augusta, in Eau Claire county, on the 19th day of March, 1892. .The highway in question runs directly east and west, and is a main road, traveled extensively.
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Appeal from a judgment of the circuit court for Monroe county: O. B. "Wyman, Circuit Judge, This is an action to recover the value of a team of horses hilled by a collision with defendant’s passenger train upon a country highway crossing about a half mile northwest of the city of Augusta, in Eau Claire county, on the 19th day of March, 1892. .The highway in question runs directly east and west, and is a main road, traveled extensively. The railway track crosses the highway obliquely, from northwest to southeast, and the highway is slightly turnpiked up above the natural level of the ground at…
1Opinion of the CourtWiNslow, J.
The defendant claimed upon the trial below that the evidence failed to show any negligence upon its part in any of the ways claimed by the plaintiff, and the questions arising upon this broad claim are properly preserved by exceptions for review upon this appeal. As stated in the statement of the case, negligence causing the injury was claimed by the plaintiff in four respects, viz.: (1) In running the train at a dangerously high rate of speed; (2) in *160failing to properly fence its right of way; (3) in failing to restore the highway to its former condition; and (4) in failing to give the…
2Cases cited5 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
- Andrews v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897
- Wickham v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Mills & Le Clair Lumber Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1896
- Juneau Bank v. McSpedonWisconsin Supreme Court · 1862
3Cited by16 opinions
- Nelson v. StateWisconsin Supreme Court · 1967
- Zenner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1935
- Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900
- Lake Shore & Michigan Southern Railway Co. v. BarnesIndiana Supreme Court · 1906
- MacCarthy v. WhitcombWisconsin Supreme Court · 1901
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