Jacky v. McAdoo
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. Action to recover damages for the death of plaintiff’s intestate caused about 4 o’clock p. m. May 18, 1918, by being strüclc by defendant’s train as it arrived at the depot at Fond du Lac. There is a principal station and a substation separated by a picket fence in which there is a gate.
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Appeal from a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. Action to recover damages for the death of plaintiff’s intestate caused about 4 o’clock p. m. May 18, 1918, by being strüclc by defendant’s train as it arrived at the depot at Fond du Lac. There is a principal station and a substation separated by a picket fence in which there is a gate. This fence and gate separate tracks 1 and 2 and prevent passengers from passing over tracks 2 to 4 when trains arrive. On the day in question the deceased with her son came to the depot to meet her husband,…
1Opinion of the Court
The following opinion was filed June 1, 1920:
Vinje, J.
Did the court err in changing the answer to question 3 from “Yes” to “No,” thus finding the deceased guilty of contributory negligence as a matter of law by entering upon track 1 without looking or listening for an approaching train? The trial court has so fully and tersely stated the evidence relative to the question that we embody its statement thereof. The court says:
“The facts of the case are undisputed and clearly established by credible witnesses. The deceased was at the depot to meet her husband, who was coming on a train which was *264t…
2Cases cited7 opinions
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Walters v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Meissner v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1915
- Hains v. JohnsonWisconsin Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gundlach v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1920
- Rusczck v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1926
- Patterson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1940
- Sundquist v. FraserSupreme Court of Minnesota · 1923