Gordon v. Illinois Central Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. On Sunday, June 24, 1917, at about 10 o’clock in the forenoon, one Thomas Gordon, Jr., then about twenty-eight years old, at a grade crossing in Dane county, between the stations of Basco and Belleville, was fatally injured by being struck by a north-bound train of defendant.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. On Sunday, June 24, 1917, at about 10 o’clock in the forenoon, one Thomas Gordon, Jr., then about twenty-eight years old, at a grade crossing in Dane county, between the stations of Basco and Belleville, was fatally injured by being struck by a north-bound train of defendant. The train approached this crossing from the south over an embankment twelve to fifteen feet high and extending for about 1,600 feet to the south. The highway made the crossing at an inside angle of about thirty degrees, running…
1Opinion of the CourtEschweiler, J.
Appellant urges that judgment should have been directed for the defendant in this case substantially on the following grounds: That the familiar rule so often repeated by the decisions of this court in former years, requiring travelers on the highway, when approaching a railroad crossing, to' look and listen before crossing, is still in full force and vigor, and that under the facts in this case there was such evident failure on the part of the deceased to' make any effort to comply with that rule that, as a matter of law, there was more than a slight want of ordinary care; and further, that…
2Cases cited4 opinions
- O'Toole v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1913
- Swalm v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1910
- Wade v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1911
- Jay v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1916
3Cited by13 opinions
- Seligman v. HammondWisconsin Supreme Court · 1931
- Waitkus v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1931
- Bahlert v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1921
- Engel v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1923
- Kanass v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1923
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