Todoroff v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Walter Schinz, Circuit Judge. Plaintiff’s husband was killed by one of defendant’s trains in the city of Cudahy, Wisconsin, September 2, 1917. The accident occurred on Van Norman avenue, which runs east and west and is crossed by defendant’s double-track main line at an angle.
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Appeal from a judgment of the circuit court for Milwaukee county: Walter Schinz, Circuit Judge. Plaintiff’s husband was killed by one of defendant’s trains in the city of Cudahy, Wisconsin, September 2, 1917. The accident occurred on Van Norman avenue, which runs east and west and is crossed by defendant’s double-track main line at an angle. East of and parallel with defendant’s tracks are those of the Milwaukee Electric Railway & Light Company’s interurban line, and the centers of the two rights of way are eighty-two feet apart. Next east of the streetcar line and also parallel with it is…
1Opinion of the CourtEschweiler, J.
The plaintiff contends on this appeal that there was an issue of fact which should have been submitted to the jury upon the cause of action as to the alleged gross negligence of defendant; and secondly, that there were errors in the charge of the court to the jury upon the cause of action that was submitted in the special verdict.
There were but two witnesses who testified to having seen the deceased just prior to the collision, one defendant’s engineer and the other plaintiff’s witness Troka. The latter testified that be and a companion crossed the defendant’s track on Van Norman avenue going…
2Cases cited2 opinions
- Gordon v. Illinois Central RailroadWisconsin Supreme Court · 1918
- Herrem v. KonzWisconsin Supreme Court · 1917
3Cited by5 opinions
- Clark v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1934
- Puhr v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1920
- Van Dunk v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1926
- Dax v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1925
- Heaney v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1934