Harden v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county: John R. Bennett, Circuit Judge. Plaintiff lawfully took passage on a freight train accustomed to carry passengers, which, stopping at Elkhorn to do switching, left the caboose, with three or four cars attached, standing on the track.
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Appeal from a judgment of the circuit court for Rock county: John R. Bennett, Circuit Judge. Plaintiff lawfully took passage on a freight train accustomed to carry passengers, which, stopping at Elkhorn to do switching, left the caboose, with three or four cars attached, standing on the track. Plaintiff, after half an hour’s wait, left his seat in the caboose, and went out on the front platform, looked at the other part of the train, consisting of the engine and seven or eight cars, moving about^ realized that they were likely before long to back down and couple onto the rear portion of the…
1Opinion of the CourtDodge, J.
1. We find it impossible to agree with the court below in the conclusion that there was np evidence to go to the jury on the question of defendant’s negligence. The testimony both of the plaintiff and of the witness Slocum tended to show that the forward portion of the train was driven against the rear part with such violence as could be accounted for only by negligence in the train hands, or defective apparatus. The testimony of both witnesses is that the shock of the collision was more violent than any either had known in the coupling of freight trains, of which both had had much prior…
2Cases cited3 opinions
- Lewis v. PrienWisconsin Supreme Court · 1897
- O'Brien v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
- Kruse v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
3Cited by2 opinions
- Southern Railway Co. v. NealCourt of Appeals of Kentucky · 1915
- Banks v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1938