Legal Opinion

Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Wisconsin Supreme Court

Decided December 7, 1900PublishedCited by 43 opinions

Appeal from a judgment of the circuit court for Eau 'Claire county: James O’Reill, Circuit Judge. Action to recover damages for the death of Christ Peterson, alleged to have been caused by the -wrongful conduct of the servants of the defendant in charge of one of its trains, for which conduct it was claimed defendant was liable.

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Appeal from a judgment of the circuit court for Eau 'Claire county: James O’Reill, Circuit Judge. Action to recover damages for the death of Christ Peterson, alleged to have been caused by the -wrongful conduct of the servants of the defendant in charge of one of its trains, for which conduct it was claimed defendant was liable. The ■deceased and his brother started from a place called Eoxboro to beat their way on trains to their homes near Black- River Ealls, Wisconsin, a distance of several hundred miles. After journeying about five days, riding sometimes on one-train and sometimes on…

1Opinion of the CourtMaeshall, J.

The reasons urged by counsel for appellant for a reversal of the judgment appealed from may properly be reduced to the following: Plaintiff’s cause of action depended-upon whether the defendant’s conductor was guilty of gross negligence as found by the jury in answei to the eighth question. With that fact established, the right to recover was complete regardless of whether- plaintiff was or was not guilty of contributory negligence. Evidence was produced permitting of a reasonable inference in accordance with the answer to such eighth question, so that it was *339•error on the part of the trial…

2Cases cited24 opinions

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Supreme Court · 1898
  2. Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
  3. Pennsylvania Co. v. SinclairIndiana Supreme Court · 1878
  4. Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
  5. White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899

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

3Cited by43 opinions

  1. Jamison v. EncarnacionSupreme Court of the United States · 1930
  2. Williamson v. McKennaOregon Supreme Court · 1960
  3. Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
  4. Barlow v. FosterWisconsin Supreme Court · 1912
  5. Pinoza v. Northern Chair Co.Wisconsin Supreme Court · 1913

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

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