Legal Opinion

State v. Bisping

Wisconsin Supreme Court

Decided November 15, 1904PublishedCited by 1 opinion

Neported from tbe municipal court of Milwaukee county: A. 0. Brazee, Judge. Tbe defendant was 'tried in tbe municipal court of ^Milwaukee county upon an information alleging tbat be, on April 5, 1902, “did unlawfully, wilfully, maliciously, and wantonly place an obstruction, to wit, a large stone weighing •about fifty pounds, upon tbe track of tbe Chicago, Milwaukee •& Saint Paul Nailway Company, a corporation then and there existing and doing business, which was then and…

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Neported from tbe municipal court of Milwaukee county: A. 0. Brazee, Judge. Tbe defendant was 'tried in tbe municipal court of ^Milwaukee county upon an information alleging tbat be, on April 5, 1902, “did unlawfully, wilfully, maliciously, and wantonly place an obstruction, to wit, a large stone weighing •about fifty pounds, upon tbe track of tbe Chicago, Milwaukee •& Saint Paul Nailway Company, a corporation then and there existing and doing business, which was then and there a steam railroad, for the purpose of then and there unlawfully, maliciously, and wantonly destroying said railroad,…

1Opinion of the CourtStebecKER, J.

The court in the first question propoilnds' the inquiry:

“Is the offense described in section 4386 of the Revised' Statutes of 1898 limited to acts whereby the safe running of' trains is prevented and human life endangered?”

The section is as follows:

“Any person who shall wilfully, maliciously or wantonly place any obstruction upon the track of any steam, electric or cable railroad in this state or take up or displace a rail,, switch or signal, or remove a spike, or otherwise injure, break down or destroy a bridge, roadbed or other structure of such, railroad shall be punished by imprisonment…

2Cases cited2 opinions

  1. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1880
  2. State v. SiegelWisconsin Supreme Court · 1882

3Cited by1 opinion

  1. Steeno v. StateWisconsin Supreme Court · 1978

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