Puhr v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal, from a judgment of the circuit court for Mani-towoc county: Micpiael Kirwan, Circuit Judge. Action to recover damages for death by wrongful act. On the 3d day of September, 1916, at about 4 o’clock in the afternoon, plaintiff’s intestate, Frank Bauman, his wife, and daughter Theresa were riding in an automobile, from Mani-towoc to Two Rivers, owned and operated by Frank Kucera, Mrs. Kucera also constituting one of the party.
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Appeal, from a judgment of the circuit court for Mani-towoc county: Micpiael Kirwan, Circuit Judge. Action to recover damages for death by wrongful act. On the 3d day of September, 1916, at about 4 o’clock in the afternoon, plaintiff’s intestate, Frank Bauman, his wife, and daughter Theresa were riding in an automobile, from Mani-towoc to Two Rivers, owned and operated by Frank Kucera, Mrs. Kucera also constituting one of the party. Within the limits of the city of Two Rivers, and while attempting to cross the railroad track of the Chicago & Northwestern Railway Company, the automobile was…
1Opinion of the CourtOwen, J.
It will be observed from the statement of facts that the jury, in answer to the sixth question, found that Kucera was guilty of negligence in his management and operation of the car at the time and place of collision, and that by its answer to the seventh question it found that such negligence was not more than a slight want of ordinary *158care. This was material, in view of the fact that thg accident occurred within the .limits of an incorporated city, as sub. 6, sec. 1809, Stats., provides that under such circumstances it shall not be a bar to a recovery if the person injured or killed was…
2Cases cited4 opinions
- Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Lightfoot v. Winnebago Traction Co.Wisconsin Supreme Court · 1905
- Todoroff v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1919
3Cited by19 opinions
- Toledo Term. Rd. Co. v. HughesOhio Supreme Court · 1926
- Reiter v. GroberWisconsin Supreme Court · 1921
- Clark v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1934
- Robertson v. Monongahela Power & Railway Co.West Virginia Supreme Court · 1925
- Albers v. Shell CompanyCalifornia Court of Appeal · 1930
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