Carter v. Rockford & Interurban Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county: Geoege 'Gbimm:, Circuit Judge. Action for personal injuries. Plaintiff was a passenger on defendant’s car and, after alighting therefrom, and while walking down some steps leading from its right of way to a public street in the city of Beloit, she was injured as a result of the breaking of one of the steps. Defendant’s roadbed was elevated from three and one-half to four feet above the street.
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Appeal from a judgment of the circuit court for Rock county: Geoege 'Gbimm:, Circuit Judge. Action for personal injuries. Plaintiff was a passenger on defendant’s car and, after alighting therefrom, and while walking down some steps leading from its right of way to a public street in the city of Beloit, she was injured as a result of the breaking of one of the steps. Defendant’s roadbed was elevated from three and one-half to four feet above the street. About eight years previous to the time of the accident, with the consent of the company, one Townsend had placed a platform on the right of…
1Opinion of the CourtVinje, J.
Defendant seeks to escape liability on the ground that it was in no way responsible for the condition of *88the steps, as it bad neither built nor repaired them, nor assumed any control over them, and upon the further ground that plaintiff had ceased her relations with it as passenger when she had safely alighted upon the platform. Neither ground is well taken. In order to board a car at Everett’s Landing it was necessary to pass from the street up on to the defendant’s right of way. This could be done by using the steps or by going up the bank along a steep path. The steps were placed there for…
2Cases cited5 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Delaware, Lackawanna & Western Railroad v. TrautweinSupreme Court of New Jersey · 1889
- Smith v. City Railway Co.Oregon Supreme Court · 1896
- Cotant v. Boone Suburban Railway Co.Supreme Court of Iowa · 1904
3Cited by4 opinions
- Hansen v. Schmidman Properties, Inc.Wisconsin Supreme Court · 1962
- Adams v. Baltimore Transit Co.Court of Appeals of Maryland · 1953
- Smith v. LedererWisconsin Supreme Court · 1914
- Carleton v. Rockland, Thomaston & Camden Street RailwaySupreme Judicial Court of Maine · 1913