Dean v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. At about six o’clock in the morning of September 6, 1875, as the plaintiff’s servant was driving the plaintiff’s cows across defendant’s railroad in the city of Milwaukee, a passing locomotive ran against one of the cows and fatally injured her. This action is to recover damages therefor. The hip of the cow was broken, and all of her ribs on one side were broken from her backbone.
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APPEAL from the Circuit Court for Milwaukee County. At about six o’clock in the morning of September 6, 1875, as the plaintiff’s servant was driving the plaintiff’s cows across defendant’s railroad in the city of Milwaukee, a passing locomotive ran against one of the cows and fatally injured her. This action is to recover damages therefor. The hip of the cow was broken, and all of her ribs on one side were broken from her backbone. The plaintiff saw the cow immediately after she was injured. He did not then ascertain the extent of her injuries, nor do anything with her, but went at once to…
1Opinion of the CourtLyon, J.
No error is assigned upon the instructions of the county judge on questions of negligence, and the verdict of the jury disposes of those questions adversely to the defendant. A reversal of the judgment is claimed on two grounds: 1. Because (as it is alleged) the judge gave conflicting instructions as to the rule of damages; and 2. Because he directed the jury, if they found for the plaintiff, to allow interest on the damages from the time the cow was injured. These are the only errors assigned on this appeal.
1. There is an apparent conflict between the two instructions which the court gave…
2Cases cited2 opinions
- Chapman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873
3Cited by12 opinions
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- Estate of KesslerWisconsin Supreme Court · 1894
- Lowe v. RingWisconsin Supreme Court · 1904
- Grabowski v. StateWisconsin Supreme Court · 1905
- Norton v. StateWisconsin Supreme Court · 1906
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