Evans v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Evans v. Chicago & Northwestern Railway Co.

145 N.W. 229, 156 Wis. 36, 1914 Wisc. LEXIS 65

DecidedFebruary 3, 1914

StatusPublished

This text of 145 N.W. 229 (Evans v. Chicago & Northwestern Railway Co.) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. Chicago & Northwestern Railway Co., 145 N.W. 229, 156 Wis. 36, 1914 Wisc. LEXIS 65 (Wis. 1914).

Pincite

Opinion

WiNsnow, O. J.

In this case it is held:

1. There was sufficient evidence to take the question of contributory negligence to the jury in view of the fact' that [38]*38a stallion is an. animal whose safe keeping requires the use of more than ordinary care. Sec. 1482, Stats. 1913.

2. The plaintiff having testified that he did not allow his horses to run at large on the highway, it was competent to show that they had been frequently seen on the highway before the accident, for the purpose of proving a breachy habit.

By the Court. — Judgment affirmed.

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WiNsnow, O. J.

In this case it is held:

1. There was sufficient evidence to take the question of contributory negligence to the jury in view of the fact' that [38]*38a stallion is an. animal whose safe keeping requires the use of more than ordinary care. Sec. 1482, Stats. 1913.

2. The plaintiff having testified that he did not allow his horses to run at large on the highway, it was competent to show that they had been frequently seen on the highway before the accident, for the purpose of proving a breachy habit.

By the Court. — Judgment affirmed.

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Bluebook (online)

145 N.W. 229, 156 Wis. 36, 1914 Wisc. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-chicago-northwestern-railway-co-wis-1914.