Carey v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. The plaintiff’s cattle went upon the railroad track of the defendant company, and were run over by a passing train. Three of them were killed and another was injured. This action is to recover damages therefor.
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APPEAL from the Circuit Court for Wood County. The plaintiff’s cattle went upon the railroad track of the defendant company, and were run over by a passing train. Three of them were killed and another was injured. This action is to recover damages therefor. The undisputed facts, as shown by the pleadings, evidence, and special findings, are as follows: The plaintiff resides in or near Centraba, within one hundred feet of the defendant’s railroad leading from Tomah to that place. The railroad was properly fenced, and such fences had been maintained for several years preceding July 21, 1883. On…
1Opinion of the CourtLyoN, J.
A reversal of the judgment in this case is inevitable on either of two grounds.
1. The jury found specially that the plaintiff had knowledge of the storm which blew down the fences, but did not thereafter endeavor to ascertain whether the railroad fence was blown down along the uninclosed lands upon which he turned his cattle; also that he had no reason to believe or suspect, before he turned them out, that such railroad fence had been blown down, and that in so turning them out he was not guilty of negligence.
The undisputed evidence is that the plaintiff knew, when he turned out his cattle,…
2Cases cited2 opinions
- Stephenson v. Grand Trunk Railway Co.Michigan Supreme Court · 1876
- Lawrence v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1877
3Cited by8 opinions
- State v. BarryNorth Dakota Supreme Court · 1903
- Freeby v. Town of SibleySupreme Court of Iowa · 1918
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Sinkling v. Illinois Central Railway Co.South Dakota Supreme Court · 1898
- Peterson v. Northern Pacific RailroadWisconsin Supreme Court · 1893
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