Antisdel v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County, The defendant appealed from a judgment rendered against it in this action upon the verdict of the jury, a new trial having been denied.
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APPEAL from the Circuit Court for Rock County, The defendant appealed from a judgment rendered against it in this action upon the verdict of the jury, a new trial having been denied. The case is sufficiently stated in the opinion. argued that the allega tion in the complaint that plaintiff’s horses, etc., “ casually '* * strayed” upon defendant’s track, shows that they were trespassing upon the track (T. R. R. Co. v. Munger, 5 Denio, 255; Same Case, 4 Corns. 349 ; R. R. Co. v. Rehman, 5 Law Reg. N. S. 49); that at common law no action could be maintained for injuries resulting from the…
1Opinion of the Court
The cause was decided, and the following opinion filed, in November, 1869.
Paine, J.
This action was brought to recover for some colts and sheep of the plaintiff, which got on the defendant’s track and were killed. There is nothing in the evidence contained in the bill of exceptions, tending to show any negligence in 'the management of the train at the time of the killing; but it all relates to the question whether the fence through which the animals escaped on to the track was kept in proper repair by the company.
The defendant’s counsel, on the trial, objected to any evidence, on the ground…
2Cases cited3 opinions
- Ward v. Town of JeffersonWisconsin Supreme Court · 1869
- Illinois Central Railroad v. SwearingenIllinois Supreme Court · 1864
- Indianapolis, Pittsburgh & Cleveland Railroad v. TruittIndiana Supreme Court · 1865
3Cited by10 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Laude v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Jones v. Union CountyOregon Supreme Court · 1912
- Pitzner v. ShinnickWisconsin Supreme Court · 1875
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