Legal Opinion

Jenkins v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided August 15, 1876PublishedCited by 6 opinions

APPEAL from the Circuit Court for Dane County. In March, 1873, one Nye made an agreement with the defendant company for the transportation by it, over its road and in its cars, of certain horses and household goods, from Castalia, in the state of Iowa, to Lyle, in the state of Minnesota, both the places named being stations on defendant’s road. The horses and goods were accordingly received into what is known as a box freight car.

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APPEAL from the Circuit Court for Dane County. In March, 1873, one Nye made an agreement with the defendant company for the transportation by it, over its road and in its cars, of certain horses and household goods, from Castalia, in the state of Iowa, to Lyle, in the state of Minnesota, both the places named being stations on defendant’s road. The horses and goods were accordingly received into what is known as a box freight car. Nye accompanied the property, riding in the caboose of the train; and plaintiff, who was in Nye’s employ, rode in the box car with the horses and goods. The main…

1Opinion of the CourtCole, J.

Many of tbe important questions in this case relating to tbe rights of passengers, and tbe duties and obligations of railroad companies in respect to them, we shall not attempt to decide on this appeal, although they were elaborately discussed at tbe bar. Our decision must go upon rather narrow grounds, and rest upon tbe facts of this case. ■ A number of instructions asked on tbe part of tbe defendant, and bearing upon the general questions of tbe rights of passengers and duties of carriers, were given by tbe circuit court. One vital question in tbe ease was, whether, in view of tbe facts…

2Cited by6 opinions

  1. State v. CainWisconsin Supreme Court · 2012
  2. Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
  3. Chicago, R. I. & P. Ry. Co. v. LeeCourt of Appeals for the Eighth Circuit · 1899
  4. Goff v. Chippewa River & Menomonie Railway Co.Wisconsin Supreme Court · 1893
  5. Leasum v. Green Bay & Western RailroadWisconsin Supreme Court · 1909

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