Anderson v. Stewart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action against the trustees in possession of and operating the W isconsin Central Railroad, to recover the value of horses killed upon the track. The facts .will sufficiently appear from the opinion. The defendants appeal from a judgment in favor of the plaintiff.
1Opinion of the CourtORton, J.
The horses of the plaintiff came on the track of the Wisconsin Central Railroad, at the village plat of Peeksville, between Glidden station on the north and Butternut station on the south, and were killed by a passing train. The only litigated question in the case was whether the place where they were killed was “ depot grounds,” so that it need not be fenced. The court directed a verdict for the plaintiff, holding that such place was not depot grounds, and that it ought to have been fenced. We think the court was warranted by the evidence in so holding and could not have reasonably held…
2Cases cited4 opinions
- McDonough v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1888
- Dinwoodie v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Hurt v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Jaeger v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1889
3Cited by2 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Duncan v. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905