Van Salvellergh v. Green Bay Traction Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastíeos, Circuit Judge. Action to recover for a personal injury. On the 27th day of July, 1905, plaintiff, a child five years and ten months of age, residing with her parents in the city of Green Bay, Wisconsin, while on the way to do an errand for her mother, was injured by one of defendant’s cars running over her hand, injuring it so that amputation was necessary.
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastíeos, Circuit Judge. Action to recover for a personal injury. On the 27th day of July, 1905, plaintiff, a child five years and ten months of age, residing with her parents in the city of Green Bay, Wisconsin, while on the way to do an errand for her mother, was injured by one of defendant’s cars running over her hand, injuring it so that amputation was necessary. The claim stated in the complaint was that the motorman was negligent, in that he failed to give plaintiff warning of the approach of the car and failed to…
1Opinion of the CourtMaeshall, J.
These contentions are made as grounds for a reversal of the judgment: 1st. There was no evidence warranting a finding that the motorman’s negligence was the *171proximate cause of the accident. 2d. The evidence conclusively shows contributory negligence on the part of the plaintiff.
The first proposition is urged upon the theory that the motorman saw the child for a considerable period .of time before the car reached the point where the accident occurred, and observed her at last standing about fourteen feet from the track at the comer of Twelth and Walnut streets on the west side of the former…
2Cases cited15 opinions
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Montgomery v. StateWisconsin Supreme Court · 1906
- State v. JuneauWisconsin Supreme Court · 1894
- Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. KellyNew Mexico Supreme Court · 1921
- Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
- DeGroot v. Van AkkerenWisconsin Supreme Court · 1937
- Coel v. Green Bay Traction Co.Wisconsin Supreme Court · 1911
- Taylor v. Northern Coal & Dock Co.Wisconsin Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.