Heller v. Abbot
Wisconsin Supreme Court
APPEAL from the Circuit Court for Price County. This is an action against the trustees of a railroad company to recover damages for the killing of three horses upon its unfenced track. The essential facts are stated in the opinion. Under a plea of general denial, the defendants introduced evidence to show that the plaintiff either drove the horses upon the right of way for pasturing, or abandoned them in that immediate vicinity, knowing the danger.
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APPEAL from the Circuit Court for Price County. This is an action against the trustees of a railroad company to recover damages for the killing of three horses upon its unfenced track. The essential facts are stated in the opinion. Under a plea of general denial, the defendants introduced evidence to show that the plaintiff either drove the horses upon the right of way for pasturing, or abandoned them in that immediate vicinity, knowing the danger. The jury found against the defendants upon both those points, and judgment was rendered for the plaintiff, from which the defendants appeal. They…
1Opinion of the CourtTaylor, J.
This action is brought to recover the value of three horses which were killed upon the railroad operated by the defendants and appellants. On the trial it was shown that the railroad had been operated for a long time, and had not been fenced as required by law, and that the horses went upon the right of way at a place where the road was not fenced as required by law, and were killed by a passing train.
*411The case was tried by the court and a jury. The appellants contend that the evidence clearly establishes one of two facts — First, that the plaintiff abandoned his horses in the immediate…
2Cases cited9 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Jeffersonville, Madison & Indianapolis Railroad v. DunlapIndiana Supreme Court · 1868
- Welty v. Indianapolis & Vincennes RailroadIndiana Supreme Court · 1886
- Quackenbush v. Wisconsin & Minnesota RailroadWisconsin Supreme Court · 1888
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