Legal Opinion

Barton v. Pepin County Agricultural Society

Wisconsin Supreme Court

Decided September 27, 1892PublishedCited by 15 opinions

APPEAL from the Circuit Court for Pepin County. The case is stated in the opinion. They contended, inter alia, that the appellant was not liable, for the reason that the injury was immediately caused by the independent, wilful, and tortious act of a third person, intervening between the alleged negligence of appellant and the damage, which could not reasonably have been anticipated.

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APPEAL from the Circuit Court for Pepin County. The case is stated in the opinion. They contended, inter alia, that the appellant was not liable, for the reason that the injury was immediately caused by the independent, wilful, and tortious act of a third person, intervening between the alleged negligence of appellant and the damage, which could not reasonably have been anticipated. Grain v. Petrie, 6 Hill, 522; Mayne, Damages, 40; Viea/rs v. Wileoks, 8 East, 1; Lowery v. W. U. Tel. Go. 60 N. Y. 202; Cooley, Torts, 68; New Orleans, J. & G. N. P. Co. v. Statham, 97 Am. Dec. 478; Selinas, v.…

1Opinion of the CourtOrton, J.

Not very many of the facts in evidence in this case are necessary to be stated in order to make the rulings of the court, and the questions of law involved, intelligible.

One day of the fair and races of the Pepin County Agricultural Society Was the 32th day of September, 1890, oú their fair grounds in the city of Durand. The plaintiff, about thirty-one years of' age, lived with her mother in said city, .and on that day, in the afternoon, they came together into the fair grounds, and during the races they spent the time, until the fair closed, in and about the main building. About half an hour…

2Cases cited4 opinions

  1. Stewart v. City of RiponWisconsin Supreme Court · 1875
  2. Oliver v. Town of La ValleWisconsin Supreme Court · 1875
  3. Oleson v. BrownWisconsin Supreme Court · 1877
  4. Holmes v. City of Fond du LacWisconsin Supreme Court · 1877

3Cited by15 opinions

  1. Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
  2. Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
  3. Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
  4. New Orleans & Northeastern Railroad v. McEwen & Murray, Ltd.Supreme Court of Louisiana · 1897
  5. Huber v. La Crosse City Railway Co.Wisconsin Supreme Court · 1896

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