Schroeder v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. Action for personal injuries suffered by plaintiff at the intersection of defendant’s north main track with Center avenue, in the city of Stevens Point, on Sunday, November 5, 1899. Evidence tended to show a situation, so far as it can he described in words, as follows: Center avenue, which lies some 400 feet east of defendant’s station, is crossed by two main tracks running east and…
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Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. Action for personal injuries suffered by plaintiff at the intersection of defendant’s north main track with Center avenue, in the city of Stevens Point, on Sunday, November 5, 1899. Evidence tended to show a situation, so far as it can he described in words, as follows: Center avenue, which lies some 400 feet east of defendant’s station, is crossed by two main tracks running east and west, and fourteen feet apart between centers. West of Center avenue, these two main tracks constitute substantially all…
1Opinion of the CourtDodge, J.
1. TRe most strenuous contention on appellant’s part is that contributory negligence appears as matter *38of law. Such contention has been the subject of consideration in a multitude of crossing cases in this court, and while recognizing that due care or negligence must he measured by the surrounding circumstances and is ordinarily to be deduced as a fact therefrom, many decisions have declared that, for the courts of this state, certain conduct is so clearly variant from due care that the law declares it negligence, and courts should so hold without submitting the question to uncertain…
2Cases cited25 opinions
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Tesch v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
20 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Peters v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1935
16 more not listed; retrieve them via the Exa API.