126 Wis. 521 | Wis. | 1906
There is evidence tending to prove that Febimary 14, 1903, the plaintiff, with an emigrant car loaded’ with furniture, horse feed, horses, and cattle, arrived at ITines-station; that on the next morning he unloaded the car upon
The case is very simple, notwithstanding twenty-two errors, are assigned. We cannot say, as a matter of law, that the place where the horses got upon the track was within the limits-of the depot grounds. Nor can we say that the form in which that question was submitted to the jury was prejudicial to the defendant. This court has often stated that the form of such-verdict is very much in the discretion of the trial court. After speaking of the gap or defect in the fence where the hoi’ses went onto the railroad track and defining depot grounds, the court charged the jury, upon the first question submitted, that “if from the evidence you are satisfied that it [the place where the fence was defective] was within the limits of the depot grounds, then you will answer it [this question] in the affirmative, and, if not so satisfied, you will answer it in the negative.” This portion of the charge made the
By the Oourt. — The judgment of tbe circuit court is reversed, and tbe cause is remanded for a new trial.