Miller v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Juneau county: J. J. Eeuit, Circuit Judge. Action to recover compensation for tbe death of plaintiff's intestate. Tbe issues are sufficiently indicated by tbe following: A jury was waived and tbe case submitted to tbe court on tbe evidence and agreed facts. These are such facts: September 12,, 1903, plaintiff’s intestate was a passenger on one of defendant’s passenger trains.
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Appeal from a judgment of tbe circuit court for Juneau county: J. J. Eeuit, Circuit Judge. Action to recover compensation for tbe death of plaintiff's intestate. Tbe issues are sufficiently indicated by tbe following: A jury was waived and tbe case submitted to tbe court on tbe evidence and agreed facts. These are such facts: September 12,, 1903, plaintiff’s intestate was a passenger on one of defendant’s passenger trains. It negligently ran such train into a washout caused by a severe rainstorm. Plaintiff’s intestate, at that time, from bis own choice was riding on one of the car platforms…
1Opinion of the CourtMaRShall, J.
There seems to be some misunderstanding on the part of counsel as to what was submitted to tire trial court for adjudication. Appellant’s counsel contend that the sole question submitted was whether, on the agreed facts, plaintiff was entitled to recover, depending on whether as matter of law the deceased was guilty of contributory negligence. They support the affirmative by authorities holding that it is not inconsistent with ordinary care for a person to ride upon the platform of a rapidly moving railroad .car while he is with reasonable diligence in quest of an opportunity to occupy a seat…
2Cases cited18 opinions
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Cleveland, Etc., Railway Co. v. MoneyhunIndiana Supreme Court · 1896
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
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3Cited by5 opinions
- Wiese v. PolzerWisconsin Supreme Court · 1933
- Bassett v. Milwaukee Northern Railway Co.Wisconsin Supreme Court · 1919
- Engen v. Chippewa Valley Railway, Light & Power Co.Wisconsin Supreme Court · 1916
- Thomas v. BicklerCourt of Appeals of Wisconsin · 2002
- Kunza v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1909