Legal Opinion

Jones v. Sheboygan & Fond du Lac Railroad

Wisconsin Supreme Court

Decided August 15, 1877PublishedCited by 10 opinions

APPEAL from the Circuit Court for Fond du Lae County. Action to recover tbe value of plaintiff’s horse, run over and killed by a train of cars on defendant’s railroad.

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APPEAL from the Circuit Court for Fond du Lae County. Action to recover tbe value of plaintiff’s horse, run over and killed by a train of cars on defendant’s railroad. The complaint alleges that at the time and place of the killing, defendant failed to keep and maintain legal and sufficient fences to keep horses and cattle from straying upon its track, by means whereof, without fault or negligence of the plaintiff, said horse strayed upon the track, and, entirely by defendant’s negligence and fault, was there run against and killed by a passing locomotive and train. Answer, a general denial.…

1Opinion of the Court

LyoN, J".

There is no claim that the horse of the plaintiff was killed in consequence of any negligence on the part of the agents and employees of the defendant in charge of the train. Nor is there room for any such claim; for the uncontradicted testimony proves that all reasonable and proper efforts were made by those persons to avoid the accident. Hence, if the defendant is liable in this action, it is because the railroad fence, where the horse escaped upon the track, was defective.

It seems quite clear to our minds, that if the horse was a breaehy or unruly animal, if he was accustomed to…

2Cases cited2 opinions

  1. Pitzner v. ShinnickWisconsin Supreme Court · 1875
  2. Brown v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1866

3Cited by10 opinions

  1. Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
  2. Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
  3. Harper v. HolcombWisconsin Supreme Court · 1911
  4. Murphy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
  5. Owen v. Portage Telephone Co.Wisconsin Supreme Court · 1905

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