Matsumoto v. Chicago & N. W. Ry. Co.

Unless we have reached that stage in the development of the law of negligence that a railroad carrier is the insurer of the safety of its passengers, the judgment in this case should go for the defendant. Of course, the law in Wisconsin, as elsewhere, is that a carrier is not such an insurer. Ormond v. Wisconsin Power and Light Co., 194 Wis. 305, 216 N.W. 489.

Plaintiff was a passenger in one of the defendant’s northbound modern, streamlined “400” trains designed to travel at a rapid rate of speed. All of the equipment, including brakes, was in good working order and no claim of defective…