McClellan v. Chippewa Valley Electric Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: JaMes O’Neill, Circuit Judge. This is an action to recover damages for personal injuries suffered by the plaintiff by reason of a collision between one of the defendant’s street cars and a load of hay upon which the plaintiff was riding. The accident happened upon the 12th of June, 1899, at about 8:10 p. m., on Putnam street, in the city of Eau Claire.
Read the full summary
Appeal from a judgment of the circuit court for Eau Claire county: JaMes O’Neill, Circuit Judge. This is an action to recover damages for personal injuries suffered by the plaintiff by reason of a collision between one of the defendant’s street cars and a load of hay upon which the plaintiff was riding. The accident happened upon the 12th of June, 1899, at about 8:10 p. m., on Putnam street, in the city of Eau Claire. Putnam street runs directly north and south, and is sixty-six feet in width, and is practically level. It is crossed by Madison street, running directly east and west, and a…
1Opinion of the Court
WiNslow, J
It is impossible to tell with any degree of certainty from the evidence at what point the plaintiff drove upon the street-railway track, or what distance he traveled upon the track, or where the collision in fact occurred. The plaintiff’s verified complaint (which has never been amended) states that- while he was driving along Putnam street, at a point about 100 feet south of Birch street, he attempted to cross the track from the west to the east side of the street, and while in the act of crossing was struck by the car. It appears that he was examined as an adverse party before the…
2Cases cited1 opinion
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
3Cited by13 opinions
- Hamlin v. Pacific Electric Ry. Co.California Supreme Court · 1907
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Bentson v. BrownWisconsin Supreme Court · 1925
- Rideout v. Winnebago Traction Co.Wisconsin Supreme Court · 1904
- Wilson v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1904
8 more not listed; retrieve them via the Exa API.