Shaffer v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Chippewa county: James Wickham, Circuit Judge. The plaintiff brought this action against the appellant and W. C. Smith and John Lockins (Lokken) for personal injuries. On August 13, 1912, she was in her house, which was about 147 feet southwest of a highway grade crossing of the appellant railway.
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Appeal from a judgment of the circuit court for Chippewa county: James Wickham, Circuit Judge. The plaintiff brought this action against the appellant and W. C. Smith and John Lockins (Lokken) for personal injuries. On August 13, 1912, she was in her house, which was about 147 feet southwest of a highway grade crossing of the appellant railway. By reason of a collision at said' crossing between a threshing traction engine on the highway and a train of the appellant on its track, caused, it is charged, by the joint negligence of both, a piece of iron was hurled across the intervening space…
1Opinion of the CourtTimliit, J.
The consequence of the collision complained of is unusual but not remote. It was within the range of *489reasonable anticipation that fragments might fly and, flying, might strike some person or object, and the fact that this particular fragment flew a long distance and entered a house before- striking the plaintiff would not bring the case within the rule of Hasbrouck v. Armour & Co. 139 Wis. 357, 121 N. W. 157. The highway and the railroad run nearly east and west and are nearly parallel for a considerable distance easterly and westerly of the crossing in question. Coming upon the highway from…
2Cases cited7 opinions
- Hasbrouck v. Armour & Co.Wisconsin Supreme Court · 1909
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Ransom v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1885
- Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Jordan v. OsborneWisconsin Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Zenner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1935
- McIntosh v. Pennsylvania RailroadIndiana Court of Appeals · 1941
- Boone v. North Carolina RailroadSupreme Court of North Carolina · 1954
- Brager v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1936
- Kalashian v. HinesWisconsin Supreme Court · 1920
4 more not listed; retrieve them via the Exa API.