Galpin v. Chicago & North-Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Action for damages for the negligent killing of plaintiff’s cow by a construction train on defendant’s road. The cow was in a public highway, at the railroad crossing, when struck, and the complaint'alleges that she was lawfully there. The defendant denied generally. The plaintiff’s evidence did not show clearly how the cow came to be in the highway, but tended to show that she was running at large.
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APPEAL from the Circuit Court for Outagamie County. Action for damages for the negligent killing of plaintiff’s cow by a construction train on defendant’s road. The cow was in a public highway, at the railroad crossing, when struck, and the complaint'alleges that she was lawfully there. The defendant denied generally. The plaintiff’s evidence did not show clearly how the cow came to be in the highway, but tended to show that she was running at large. The evidence bearing on the question of defendant’s negligence was as follows : A witness for the plaintiff testified, “ I saw the gravel train…
1Opinion of the Court
By the Court,
DixoN, O. J.
It is not' denied that the cow was injured by one of the trains of the company, but there is no evidence of the circumstances or manner in which she was injured, except that she was in the public highway at the place where it is crossed by the railroad, and that the collision occurred there. She may have been on tlae track, so that the engineer, by the exercise of ordinary care and watchfulness, might have seen her and avoided the-collision ; or she may have been off, and out of sight, and, as the train approached, in her fright and insensibility to danger, have gone…
2Cases cited1 opinion
- Chicago & North-Western Railway Co. v. GossWisconsin Supreme Court · 1863
3Cited by8 opinions
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
- Poznanovic v. MakiSupreme Court of Minnesota · 1941
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
- Rost v. RobertsWisconsin Supreme Court · 1923
- Matter of WeinbrennerUnited States Bankruptcy Court, W.D. Wisconsin · 1985
3 more not listed; retrieve them via the Exa API.