Atkinson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. I). Hastings, Je., Circuit Judge. Plaintiff lived some little distance south of the defendant’s railway track, and owned an extensive pasture lying on the north side of the track and somewhat to the westward of his residence. On August 18th he sent a hired man to put a horse into said pasture.
Read the full summary
Appeal from a judgment of the circuit court for Brown county: S. I). Hastings, Je., Circuit Judge. Plaintiff lived some little distance south of the defendant’s railway track, and owned an extensive pasture lying on the north side of the track and somewhat to the westward of his residence. On August 18th he sent a hired man to put a horse into said pasture. They entered upon the right of way of the defendant, proceeded westward a distance, and found an open farm gate into the premises of a third person, through which the hired man took the horse, and proceeded from a quarter to half .a mile…
1Opinion of the CourtDodge, J.
1. Refusal to direct verdict for defendant. Appellant’s first contention in this connection is that there was no evidence of negligence on its part. It appeared that the section foreman charged with the duty of keeping the fence in repair and gates closed saw the* gate open in the afternoon of Saturday, and people haying in the adjoining field who, to his knowledge, had been accustomed to leave the gate open on their departure, so that he had reason to believe they would do so on this occasion. He, however, went away and neither that night nor the next day, during which the plaintiff’s horse…
2Cases cited8 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Laude v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Wickham v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Crosby v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1885
- May v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schwind v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Alexander v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1914
- Trojanowski v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916
- Dean v. EhrhartCourt of Appeals of Wisconsin · 1988
- Westgard v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.