Habenicht v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. ViNJE, Circuit Judge. This is an action to recover $125 as the value of a horse belonging to the plaintiff and killed by a locomotive of a passenger train running upon the tracks of the defendant at the place alleged February 15, 1903. The complaint alleges, in effect, that the horse, on the day and year named, “without any fault or negligence on the part of the plaintiff, escaped from a field adjoining…
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Appeal from a judgment of the circuit court for Douglas county: A. J. ViNJE, Circuit Judge. This is an action to recover $125 as the value of a horse belonging to the plaintiff and killed by a locomotive of a passenger train running upon the tracks of the defendant at the place alleged February 15, 1903. The complaint alleges, in effect, that the horse, on the day and year named, “without any fault or negligence on the part of the plaintiff, escaped from a field adjoining said railroad through” a defective fence which the defendant had failed and neglected to keep up and' maintain, and had…
1Opinion of the CourtCassoday, C. J.
There is evidence tending to prove that Febimary 14, 1903, the plaintiff, with an emigrant car loaded’ with furniture, horse feed, horses, and cattle, arrived at ITines-station; that on the next morning he unloaded the car upon *523two vehicles belonging to farmers; that they then drove south’ from the station some 800 feet to the track of the railroad', crossing, the plaintiff following behind; that at that point two-of the plaintiff’s cows, instead of crossing the track, went south down the track; that one of the farmers took charge of-the plaintiff’s horses while he went after the cows; that…
2Cases cited5 opinions
- Bremmer v. Green Bay, Stevens Point & Northern RailroadWisconsin Supreme Court · 1884
- Wickham v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Perrault v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1903
- Richardson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- McCann v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
3Cited by2 opinions
- Schwind v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Habenicht v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1908