Michaels v. Chicago, Burlington & Quincy Railroad
Wisconsin Supreme Court
Appeal from a judgment of tbe -circuit court for Pierce ■county: E. W. Helms, Circuit Judge. Tbis action was brought to recover for the unlawful death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant.
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Appeal from a judgment of tbe -circuit court for Pierce ■county: E. W. Helms, Circuit Judge. Tbis action was brought to recover for the unlawful death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. The material allegations of the complaint respecting the defendant’s negligence are, substantially, that for many years prior to the 5th day of December, 1908, the defendant had constructed and maintained a crossing over its tracks on the northeast quarter of the northeast quarter, of section 12, township 25, range 18 west, in the town of Trenton, for the…
1Opinion of the CourtKeewiN, J.
Tbe questions raised by the assignments of error are (1) negligence of defendant; (2) contributory negligence of deceased; (3) improper admission of evidence; and (4) denial of motion for new trial.
Tbe private crossing where tbe injury occurred was known as tbe Seater crossing, and tbe public crossing as tbe Red Wing crossing, and tbe latter was one mile northwest of tbe private crossing. There is evidence tending to show that tbe defendant’s track approaches tbe Seater crossing on a two-degree curve. This crossing leads from tbe bouse and bam of deceased on high land north or northeast to…
2Cases cited17 opinions
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Langer v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1936
- Shaffer v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1914
- Webster v. RothWisconsin Supreme Court · 1945