Legal Opinion

Sparks v. Wisconsin Central Railway Co.

Wisconsin Supreme Court

Decided April 20, 1909PublishedCited by 14 opinions

Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. Action for causing death of plaintiff’s husband, William Sparks, by negligence. Deceased was a car inspector in defendant’s yards at Abbotsford, his duty being, among other-tilings, to make an inspection of the running gear of the cars in trains as they passed into the yards from their trip.

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Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. Action for causing death of plaintiff’s husband, William Sparks, by negligence. Deceased was a car inspector in defendant’s yards at Abbotsford, his duty being, among other-tilings, to make an inspection of the running gear of the cars in trains as they passed into the yards from their trip. To do this it was necessary for him to take a crouching or sitting position a few feet away from the track upon which the train ran, so as to enable him to see the wheels and brakes of a car as it approached him and…

1Opinion of the CourtDodge, J.

The direction of verdict was predicated upon the conclusion of the trial court that the evidence failed entirely to show negligence of defendant proximately causing the injury and also that contributory negligence on the part ■of deceased appeared conclusively. Such decision is the error assigned and presented for consideration.

1. The moving of cars through a yard in which various ■employees are constantly employed upon and about the tracks, without any precaution in the way of signal or lookout at the forward end of the moving cars, is conduct which, under the ■decisions of this court, will…

2Cases cited16 opinions

  1. Bucher v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
  2. Meyer v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
  3. Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
  4. Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
  5. Karr v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1907

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Southern Express Co. v. WilliamsonSupreme Court of Florida · 1913
  2. Coel v. Green Bay Traction Co.Wisconsin Supreme Court · 1911
  3. Shaver v. DavisWisconsin Supreme Court · 1922
  4. Schliesleder v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1912
  5. Gerbig v. BellWisconsin Supreme Court · 1910

9 more not listed; retrieve them via the Exa API.

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