Legal Opinion

Davis v. Chicago & North-Western Railway Co.

Wisconsin Supreme Court

Decided January 15, 1864PublishedCited by 8 opinions

APPEAL from the Circuit Court for Jefferson County. This action was brought to recover damages for injuries suffered by the plaintiff in.leaving a train of cars on tbe defendant’s road near the Watertown station, the plaintiff having taken passage to that station.

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APPEAL from the Circuit Court for Jefferson County. This action was brought to recover damages for injuries suffered by the plaintiff in.leaving a train of cars on tbe defendant’s road near the Watertown station, the plaintiff having taken passage to that station. The complaint alleges that on the arrival of the train at said station, the plaintiff, without any delay or negligence, attempted to leave the train, but that the defendant, by its conductors, brakemen &c., having charge of the train, neglected to stop the same at said city of Watertown a sufficient length of time for the plaintiff…

1Opinion of the Court

By the Court,

Code, J.

It appears to us that the third and sixth instructions asked for on the part- of the defendant were proper and should have been given to the jury. The third instruction was as follows : “ If the jury believe from the evidence that the train of cars upon which the plaintiff had taken passage had stopped a sufficient time for the plaintiff to have left them upon the platform where passengers leaving the defendant’s cars usually land, and had again started on their course, and had passed the platform provided by the defendant for passengers to get out of the cars upon, and…

2Cited by8 opinions

  1. Alsup & Thompson v. JordanTexas Supreme Court · 1887
  2. Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
  3. Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
  4. Tooley v. Railway Pass. Assur. Co.U.S. Circuit Court for the Southern District of Illnois · 1873
  5. Hartwig v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880

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