Hoye v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwauleee County. The case is thus stated by Mr. Justice Cassoday: “ In the Third ward of Milwaukee, Buffalo street runs east from Milwaukee river to Lake Michigan. Four side tracks of the defendant run north and south across that street at right angles with it, each terminating at the bumpers 232 feet north of the sidewalk on the north side of that street.
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APPEAL from the County Court of Milwauleee County. The case is thus stated by Mr. Justice Cassoday: “ In the Third ward of Milwaukee, Buffalo street runs east from Milwaukee river to Lake Michigan. Four side tracks of the defendant run north and south across that street at right angles with it, each terminating at the bumpers 232 feet north of the sidewalk on the north side of that street. These side tracks were numbered consecutively, from the east westward, 8, 9, 10, and 11, respectively, so that the east side track was known as No. 8, and the west side track as No. 11. Immediately east of…
1Opinion of the CourtCassoday, J.
If the deceased came to her death through the neglect of the defendant* to ring the bell, or give other requisite signal, before and while the train was crossing the street, without any contributory negligence on her part, then the defendant would be liable. Sec. 1809, R. S.; Bohan v. M., L. S. & W. R'y Co. 58 Wis. 30; Eilert v. G. B. & M. R. R. Co. 48 Wis. 606; Haas v. C. & N. W. R'y Co. 41 Wis. 44; Ransom v. C., St. P., M. & O. R’y Co. ante, p. 178; Bower v. C., M. & St. P. R'y Co. 61 Wis. 457. The theory of the defense is that the train backed up until the front end of the *669fifth ear from…
2Cases cited10 opinions
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Kaples v. OrthWisconsin Supreme Court · 1884
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
- Eilert v. Green Bay & Minnesota RailroadWisconsin Supreme Court · 1880
- Haas v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
- Ilwaco Railway & Navigation Co. v. HedrickWashington Supreme Court · 1890
- McLimans v. City of LancasterWisconsin Supreme Court · 1885
10 more not listed; retrieve them via the Exa API.