Chicago & North-Western Railway Co. v. Goss
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Fond du Lac County. Goss brought bis action in tbe circuit court against tbe Chicago & Northwestern Railway Company, for damages for tbe killing of two colts by an engine and cars running over them at a point in the city of Fond du Lac where the company’s road crosses Western Avenue, a public street.
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ERROR to tbe Circuit Court for Fond du Lac County. Goss brought bis action in tbe circuit court against tbe Chicago & Northwestern Railway Company, for damages for tbe killing of two colts by an engine and cars running over them at a point in the city of Fond du Lac where the company’s road crosses Western Avenue, a public street. The complaint alleges that the company, by its agents and servants, running at an unlawful rate of speed and with great violence, negligently .and maliciously ran the train against and over the colts, and killed them. The answer denied all negligence and malice, and…
1Opinion of the Court
By the Court,
DixON, C. J.
The learned judge, in his instructions to the jury, seems to have overlooked the different degrees of negligence, as slight, ordinary and gross, in considering what negligence on the part of the plaintiff below would *432preclude a recovery. He restricted the jury altogether to the consideration of the question, whether the plaintiff’s negligence was proximate or remote, in the sense of its having occurred or of his being present, at the time of the alleged injury, leaving the degree wholly out of the case. In this we think he was in error, and not justified by the…
2Cases cited1 opinion
- State ex rel. Merrill v. School Land CommissionersWisconsin Supreme Court · 1859
3Cited by9 opinions
- Robinson v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1890
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
- Vukelic v. Upper Third Street Savings & Loan Ass'nWisconsin Supreme Court · 1936
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Mills & Le Clair Lumber Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1896
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