Pitzner v. Shinnick
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Action to recover tbe value of cows belonging to tbe plaintiff, wbicb escaped from bis farm and were billed on tbe track of a railroad adjacent thereto.
Read the full summary
APPEAL from tbe Circuit Court for Jefferson County. Action to recover tbe value of cows belonging to tbe plaintiff, wbicb escaped from bis farm and were billed on tbe track of a railroad adjacent thereto. The facts upon wbicb it is claimed that tbe defendant is liable, as they are stated in tbe pleadings and appear from tbe evidence, are as follows: Plaintiff is tbe lessee and occupant of a farm in Jefferson •county; and defendant is tbe owner and occupant ofan adjoining farm on tbe west. Tbe railroad track of tbe Chicago & Northwestern Railway Company extends across tbe defendant’s farm near…
1Opinion of the CourtLyoN, J.
It is claimed by the learned counsel for the plaintiff, that, if the defendant allowed the gate at his cross-,, ing to remain open at and before the time the plaintiff’s cows were hilled, and the cows went on the track through such open gate, the defendant is absolutely liable for the loss of the cows, even though the plaintiff was himself guilty of negligence which contributed directly to the loss.. There is testimony in the bill of exceptions tending to show that the defendant owned and occupied the farm on which the gate in question is located, and that such gate was left open constantly…
2Cases cited8 opinions
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
- Cremer v. Town of PortlandWisconsin Supreme Court · 1874
- Laude v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- McCall v. ChamberlainWisconsin Supreme Court · 1861
- Cunningham v. LynessWisconsin Supreme Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Hoth v. PetersWisconsin Supreme Court · 1882
- Lockwood v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Central Branch Railroad v. LeaSupreme Court of Kansas · 1878
- Jones v. Union CountyOregon Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.