Legal Opinion

Dowd v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided January 10, 1893PublishedCited by 22 opinions

APPEAL from the Circuit Court for Rock County. This action was brought to recover damages for personal injuries received by the plaintiff at Allen’s Grove station on the defendant’s railway, in consequence, as it is alleged, of the negligence on the part of the defendant in not providing a proper platform, hand rails, lights, etc., at said station, the absence of which, it is charged, caused the plaintiff’s injuries.

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APPEAL from the Circuit Court for Rock County. This action was brought to recover damages for personal injuries received by the plaintiff at Allen’s Grove station on the defendant’s railway, in consequence, as it is alleged, of the negligence on the part of the defendant in not providing a proper platform, hand rails, lights, etc., at said station, the absence of which, it is charged, caused the plaintiff’s injuries. The station is a small one, about a mile from the village of Allen’s Grove, where the plaintiff' and her husband resided, and consisted of one small building, with a waiting room…

1Opinion of the CourtPiNNnv, J.

There is no conflict in the evidence in relation to the duty, if any, which the defendant owed the plaintiff, or as to the facts relied on to show that the defendant was guilty of negligence causing the injury which she sustained. All the evidence is embraced in the bill of exceptions, and the court having refused to direct a verdict for defendant, and to set aside the verdict on the ground that it was contrary to law and the evidence, the question to be determined is wholly one of law.

The transaction in question between the plaintiff’s husband and the railway company is relied on, in virtue…

2Cases cited13 opinions

  1. Bennett v. Railroad Co.Supreme Court of the United States · 1881
  2. Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
  3. McKone v. Michigan Central RailroadMichigan Supreme Court · 1883
  4. Patter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
  5. Cole v. McKeyWisconsin Supreme Court · 1886

8 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. Campbell v. SutliffWisconsin Supreme Court · 1927
  3. Julian v. Sinclair Oil & Gas Co.Supreme Court of Oklahoma · 1934
  4. Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
  5. Chicago, Indianapolis & Louisville Railway Co. v. MartinIndiana Court of Appeals · 1902

17 more not listed; retrieve them via the Exa API.

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