Rucktenwald v. CHICAGO, M., ST. P. & PR CO.

261 Wis. 611 (1952)

RUCKTENWALD, by Guardian ad litem, and another, Appellants,

vs.

CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Respondent.

Supreme Court of Wisconsin.

May 5, 1952.

June 3, 1952.

Arlo McKinnon of Milwaukee, for the appellants.

For the respondent there was a brief by Bender, Trump, McIntyre, Trimborn & Godfrey, attorneys, and Rodger S. Trump of counsel, all of Milwaukee, and oral argument by Rodger S. Trump.

FRITZ, C. J.

On the trial of the action the evidence established the following facts. Shortly before noon on July 18, 1944, one of the defendant's "battleship" type…