Abbot v. Dwinnell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. .The following statement of the case was prepared by Mr. Justice TayloR as a part of the opinion: The defendant in error brought his action in the circuit court against the plaintiffs in error, to recover damages for injuries received by being thrown from his wagon while crossing a railroad track, which was at the, time operated by the plaintiffs in error.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. .The following statement of the case was prepared by Mr. Justice TayloR as a part of the opinion: The defendant in error brought his action in the circuit court against the plaintiffs in error, to recover damages for injuries received by being thrown from his wagon while crossing a railroad track, which was at the, time operated by the plaintiffs in error. The accident happened in the city of Stevens Point, at a place near the depot in said city, and where the railroad tracks cross Center street in said city. The evidence in the case .shows…
1Opinion of the CourtTaylor, J.
This court has repeatedly held that the first -assignment of error was not well taken. Although the neglect to place any one at the crossing for the purpose of warning people of danger at that place may not be conclusive evidence of negligence on the part of the company, still this court holds that the fact may be shown “ as an item of evidence to be considered'by the jury in connection with all the other evidence in the case, upon the question of the defendants’ prudence or negligence in moving the train at the time and place in question.” Hoye v. C. & N. W. R. Co. 67 Wis. 1, 15; Winstanley…
2Cases cited9 opinions
- Bennett v. StateWisconsin Supreme Court · 1883
- Kinney v. CrockerWisconsin Supreme Court · 1864
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Gates v. FleischerWisconsin Supreme Court · 1886
- Duame v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cornell v. StateWisconsin Supreme Court · 1899
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
- McKeon v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Kujawa v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
- Jerome v. United Railways Co.Missouri Court of Appeals · 1911
6 more not listed; retrieve them via the Exa API.