Ulicke v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. TukNER, Circuit Judge. On June 19, 1911, John Ulicke was run down and killed by a passenger train on defendant’s railway in the city of Milwaukee. This action is brought by plaintiff as administrator of the estate of the deceased to recover damages sustained by reason of the hilling.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. TukNER, Circuit Judge. On June 19, 1911, John Ulicke was run down and killed by a passenger train on defendant’s railway in the city of Milwaukee. This action is brought by plaintiff as administrator of the estate of the deceased to recover damages sustained by reason of the hilling. The complaint alleges carelessness and negligence on the part of the defendant in failing to erect and maintain proper fences along its right of way at the point in question, in accordance with the provisions of sec. 1810, Stats. (1898). The…
1Opinion of the Court
The following opinion was filed December 10, 1912:
BabNes, J.
The principal contentions of the appellant are: It was not obliged to fence its right of way where the deceased entered thereon, because of the embankments on either side of the tracks; that if the necessity for fencing is-eliminated, no other negligent act was shown; that if the defendant was negligent in other respects, the deceased should ■be held to be guilty of contributory negligence as a matter of law and therefore no recovery can be had; that assuming a duty rested upon the defendant to fence, it in good faith attempted to…
2Cases cited6 opinions
- Schmidt v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
- Schwind v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Veerhusen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Perrault v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1903
- Schrier v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Maskaliunas v. C. W. I. R. R. Co.Illinois Supreme Court · 1925
- Rosholt v. Worden-Allen Co.Wisconsin Supreme Court · 1913
- Maskaliunas v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1925
- Anderson v. Green Bay & Western RailroadCourt of Appeals of Wisconsin · 1980
- Alexander v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1914
13 more not listed; retrieve them via the Exa API.