White v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. Action for personal injury. Defendant operates its railway through the city of Reenah, and across Commercial street. The railroad tracks run north and south, and Commercial street in a northeasterly and southwesterly direction, and at the point of intersection the northeast angle is. 43° 50'. The street is crossed by four tracks, the main track being to the west.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. Action for personal injury. Defendant operates its railway through the city of Reenah, and across Commercial street. The railroad tracks run north and south, and Commercial street in a northeasterly and southwesterly direction, and at the point of intersection the northeast angle is. 43° 50'. The street is crossed by four tracks, the main track being to the west. Rext easterly is the passing track, the distance from center to center, perpendicularly, being about thirteen feet, from, rail to rail…
1Opinion of the CourtBardeen, J.
We are urged to reverse this judgment on the ground that the plaintiff’s evidence, with the finding of the jury, shows that he was guilty of negligence that will preclude a recovery. The same contention was addressed to the trial judge, and denied on grounds hereinafter referred *492to. It is admitted that proper gates were maintained at the crossing where plaintiff was injured, and that they were not operated at the time of the injury. It must also be assumed that the several tracks referred to in the statement of facts were incumbered with cars, the car on the passing track being close to or…
2Cases cited15 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Korrady v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
- Freeman v. Duluth, South Shore & Atlantic Railway Co.Michigan Supreme Court · 1889
- Cadwallader v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1891
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3Cited by32 opinions
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Mertens v. Lake Shore Yellow Cab & Transfer Co.Wisconsin Supreme Court · 1928
- Headley v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
27 more not listed; retrieve them via the Exa API.