Sommerfeld v. Chicago, North Shore & Milwaukee Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This action, originally tried in the civil court of Milwaukee county, Otto H. Breidenbach, judge presiding, was brought for personal injuries sustained by plaintiff from glass projected into the car by the breaking of a window while he was traveling as a passenger on defendant’s car.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This action, originally tried in the civil court of Milwaukee county, Otto H. Breidenbach, judge presiding, was brought for personal injuries sustained by plaintiff from glass projected into the car by the breaking of a window while he was traveling as a passenger on defendant’s car. The complaint charges negligence as follows; (1) that the car and windows were negligently constructed and of inferior material; (2) that the car and windows were negligently permitted to become out of repair and in a…
1Opinion of the CourtSiebecker, C. J.
It appears that the plaintiff was seated near the window in one of defendant’s cars composing the interurban train on its way from Lake Bluff, Illinois, to the city of Milwaukee, Wisconsin; that while the train was going at the rate of about fifty miles per hour the glass of the window suddenly broke, causing small particles of glass *193to cut his face and enter both of his eyes, which seriously injured him. Some of the particles and pieces of glass flew across the car, reaching the seat on the side of the car opposite the one occupied by plaintiff. Other pieces of glass were scattered in the…
2Cases cited3 opinions
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Clemons v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1909
- Adams v. Bucyrus Co.Wisconsin Supreme Court · 1913
3Cited by4 opinions
- Page v. MurphySupreme Court of Minnesota · 1935
- Payne v. Louisville Ry. Co.Court of Appeals of Kentucky (pre-1976) · 1943
- Smith v. Chicago, North Shore & Milwaukee RailroadWisconsin Supreme Court · 1923
- Matsumoto v. Chicago & N. W. Ry. Co.Court of Appeals for the Seventh Circuit · 1948