Legal Opinion

Langhoff v. Milwaukee & Prairie du Chien Railway Co.

Wisconsin Supreme Court

Decided June 15, 1868PublishedCited by 10 opinions

APPEAL from the Circuit Court for Rock County. Action under the statute against the Milwaukee da Prairie du Ohien and the Chicago and Worth- Western Railway Companies, for the killing of Mary E. Langhoff, plaintiff’s intestate, by trains on defendants’ roads, at a street crossing in the city of Janesville, through the negligence, as is alleged, of defendants’ servants, and while said trains were running at an unlawful rate of speed and racing with each other upon adjoining…

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APPEAL from the Circuit Court for Rock County. Action under the statute against the Milwaukee da Prairie du Ohien and the Chicago and Worth- Western Railway Companies, for the killing of Mary E. Langhoff, plaintiff’s intestate, by trains on defendants’ roads, at a street crossing in the city of Janesville, through the negligence, as is alleged, of defendants’ servants, and while said trains were running at an unlawful rate of speed and racing with each other upon adjoining tracks at said crossing. The separate answers of the defendants deny most of the material averments of the complaint, and…

1Opinion of the CourtDixoN, C. J.

When this cause was formerly here on apppal from the judgment of nonsuit (19 Wis. 489), we said that, were we satisfied from the evidence that the deceased knew the speed at which the trains were moving, or that she could reasonably have calculated it, or that she knew that there were two trains running nearly side by side over the two roads, we might then agree that the nonsuit was proper. The cause has now been fully tried on its merits, and much testimony upon these points taken which did not before appear; and from this testimony wé are quite satisfied there can be no recovery in the…

2Cases cited1 opinion

  1. Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865

3Cited by10 opinions

  1. Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
  2. Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
  3. Koester v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
  4. Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1886
  5. Haas v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876

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