Grasse v. Milwaukee, Lake Shore & Western Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County: The railroad of the defendant is constructed through the farm of the plaintiff Gottlieb Grasse, in the county of Sheboy-gan, and the defendant constructed two farm crossings thereon for the use of the occupant.
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APPEAL from the Circuit Court for Sheboygan County: The railroad of the defendant is constructed through the farm of the plaintiff Gottlieb Grasse, in the county of Sheboy-gan, and the defendant constructed two farm crossings thereon for the use of the occupant. In July, 1873, as the plaintiffs were passing over tbe railroad at one of these crossings with a team of horses harnessed to a wagon partly loaded with hay — the husband being on the ground driving the team, and the wife being on the load,— the latter was thrown from the wagon, and severely injured by falling on the ties of the…
1Opinion of the CourtLyon, J.
The exceptions of the defendant are few in number, and will be considered in their order.
1. Did the court err in denying the motion for a nonsuit ? The legal duty of the defendant to maintain a farm crossing on the lands of the plaintiff Gottlieb in a condition to afford a reasonably safe crossing for the owner and his family, is not denied. (Laws of 1872, ch. 119, sec. 30). If the defendant agreed to, and did maintain two farm crossings on such land instead of one, the legal obligation as to each of them is the same. The questions litigated on the trial were : 1. Was the crossing in a…
2Cited by2 opinions
- Benham v. PurdyWisconsin Supreme Court · 1880
- Henbest v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1926