Bremmer v. Green Bay, Stevens Point & Northern Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The case is thus stated by Mr. Justice Cassoday: “This action is for the value of a cow killed June 14, 1882, by a passing locomotive of the defendant on its railroad, at a point about 2,300 feet northwest of the defendant’s depot, in the village of Plover. It was originally brought in justice’s court, and taken to the circuit court on appeal.
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APPEAL from the Circuit Court for Portage County. The case is thus stated by Mr. Justice Cassoday: “This action is for the value of a cow killed June 14, 1882, by a passing locomotive of the defendant on its railroad, at a point about 2,300 feet northwest of the defendant’s depot, in the village of Plover. It was originally brought in justice’s court, and taken to the circuit court on appeal. “ The railroad had been in operation for more than three months, but had not been fenced at the point where the cow was killed. The evidence on the part of the plaintiff tends to show that he had been in…
1Opinion of the CourtOassoday, J.
We are precluded from considering the only objectionable portion of the charge by the failure to file exceptions or move for a new trial. After a careful examination of the evidence, however, we are inclined to hold that the plaintiff failed in one particular to establish his case, and hence that the nonsuit should have been granted. There was nothing to prevent the cow going from the plaintiff’s barn onto the depot grounds, and from thence, along the defendant’s railroad track, to the place on the defendant’s right of way where she was seen just before she was killed. She seems to have been…
2Cases cited3 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Bennett v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
- Hill v. ChipmanWisconsin Supreme Court · 1884
3Cited by16 opinions
- People v. . FieldingNew York Court of Appeals · 1899
- Sasse v. StateWisconsin Supreme Court · 1887
- Nelson v. WelchIndiana Supreme Court · 1888
- Wickham v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Fort Worth & Rio Grande Railway Co. v. SwanTexas Supreme Court · 1904
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