Ferguson v. Wisconsin Central Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wcmpaoa County. This action was brought .to recover damages for personal injuries sustained by the plaintiff, who was struck by a moving car on the Wisconsin Central Railroad, at the village of Spencer, on September 26, 1881. The defendant Stewart was not served with process, and made no appear-anee to the action.
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APPEAL from the Circuit Court for Wcmpaoa County. This action was brought .to recover damages for personal injuries sustained by the plaintiff, who was struck by a moving car on the Wisconsin Central Railroad, at the village of Spencer, on September 26, 1881. The defendant Stewart was not served with process, and made no appear-anee to the action. The complaint alleges that at the time the plaintiff was injured the railroad was being operated by the defendant company, and by the defendants Allot and Stewart, as trustees thereof, and that the injury was caused by the negligence of the…
1Opinion of the CourtLyon, J.
1. The question of the alleged contributory negligence of the plaintiff wiE first be considered. The jury found, in answer to the fourth question submitted to them, that, had the plaintiff waited until the smoke and steam made by the passing engine cleared away before stepping on the track, he could have seen the car which foEowed the engine, had he looked. This finding is abundantly supported by the evidence.' Counsel for the defendants, in his argument, maintained with great earnestness that this finding estabhshes the contributory negligence of the plaintiff, under the weE-estabhshed rule…
2Cases cited2 opinions
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Butler v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
3Cited by29 opinions
- Johnson v. Southern Pacific R.R. Co.California Supreme Court · 1908
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Stoy v. Louisville, Evansville & St. Louis Consolidated RailroadIndiana Supreme Court · 1903
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
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