Brady v. Chicago & North Western Railway Co.

In their first cause of action plaintiffs allege that the deaths were due to the negligence of the railroad company in failing to fence its right of way at the place where the boys entered upon railroad property and proceeded to the bridge. The trial court found as a matter of law that this spot was within the depot grounds and, therefore, the railroad had no duty to fence it, as declared by sec. 192.33 (1), Stats. Incidentally, the jury reached the same conclusion in its special verdict as a matter of fact. There can be no quarrel with this determination.

Appellants present the case of the…