McArthur v. Green Bay & Mississippi Canal Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. On Sunday, May 3d, 1868, tbe tug-boat Winneoonne, having in tow a barge belonging to tbe plaintiff, and bound for Portage City, approached tbe lower lock in tbe canal of the defendant, which connects tbe waters of tbe Fox and Wisconsin rivers, for tbe purpose of passing through the lock into tbe canal.
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APPEAL from tbe Circuit Court for Winnebago County. On Sunday, May 3d, 1868, tbe tug-boat Winneoonne, having in tow a barge belonging to tbe plaintiff, and bound for Portage City, approached tbe lower lock in tbe canal of the defendant, which connects tbe waters of tbe Fox and Wisconsin rivers, for tbe purpose of passing through the lock into tbe canal. Tbe usual signal to tbe lock-tender of the defendant was given, but be did not respond thereto, and tbe tug and barge were passed through tbe lock under tbe direction of tbe captain of tbe tug. Immediately thereafter it was discovered that the…
1Opinion of the CourtLyon, J.
That the defendant is under a legal obligation to use all ordinary and reasonable means and appliances to guard against the breaking away of the embankment of its canal, and, failing to do so, if a break therein occur which results in an injury to the person or property of others (the latter being free from contributory negligence), that the defendant is liable to respond in damages for such injury, is too clear for argument.
Had the injury of which the plaintiff complains occurred on any day other than the Sabbath, there would be no doubt that the learned circuit judge gave the law correctly…
2Cases cited3 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
3Cited by22 opinions
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Scott v. WaggonerMontana Supreme Court · 1914
- Frint Motor Car Co. v. Industrial CommissionWisconsin Supreme Court · 1919
- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Alabama Power Co. v. KendrickSupreme Court of Alabama · 1929
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