Bodenheimer v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown ■county: S. D. Hastings, Circuit Judge. This is an action brought to recover the value of a horse 'killed by one of defendant’s trains through the alleged negl'i-genee of the defendant in not maintaining a suitable cattle-guard on tbe northeasterly side of its right of way where a highway crossed the same.
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Appeal from a judgment of the circuit court for Brown ■county: S. D. Hastings, Circuit Judge. This is an action brought to recover the value of a horse 'killed by one of defendant’s trains through the alleged negl'i-genee of the defendant in not maintaining a suitable cattle-guard on tbe northeasterly side of its right of way where a highway crossed the same. The questions involved were-whether the horse was struck north of the cattle-guard or on the public highway, and whether any want of ordinary care on the part of the plaintiff contributed proximately to the loss-of the horse. The jury…
1Opinion of the CourtEjeewtu, J.
Tlie appellant claims that the judgment should he reversed for error in the charge. We have set out in the statement of facts the portion of the charge excepted to and need not recite it here. The main contention of the respondent is that, regardless of any alleged errors in the charge, the judgment should be affirmed, because the court should have directed a verdict for the defendant at the close of the evidence; therefore the plaintiff was not prejudiced by any subsequent error. This, of course, involves the question whether the evidence was such as to warrant the court in ■directing a…
2Cases cited9 opinions
- Schutz v. StateWisconsin Supreme Court · 1905
- Moore v. KendallWisconsin Supreme Court · 1849
- Anderson v. Horlick's Malted Milk Co.Wisconsin Supreme Court · 1909
- Smith v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1902
- Conway v. MitchellWisconsin Supreme Court · 1897
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3Cited by3 opinions
- West v. Bayfield Mill Co.Wisconsin Supreme Court · 1910
- Hack v. StateWisconsin Supreme Court · 1910
- Legro v. CarleyWisconsin Supreme Court · 1915