Marshall v. Green Bay & Western Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action for personal injuries.
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Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action for personal injuries. The complaint was to this effect: January 10, 1902, plaintiff, — riding in a buggy drawn by a span of horses, driven by him, — was a traveler on the public way, known as the Northport and Royalton road, in the town of Mulcwa, Waupaca county, Wisconsin, where it crosses defendant’s railway track in section 6, township 22. He was destined to a point requiring him to pass over the crossing. A short time before, defendant lowered its track at such crossing so that a person…
1Opinion of the CourtMAeshall, J.
There is ho principle in. tbe law of negligence better settled than tbe one that a person before entering upon a railway track should look both ways and listen to discover if there is a train approaching and in such close proximity as to render it dangerous to proceed. The presence of a railway track is such an admonition of the probability of danger to one entering thereon, that nothing but physical impossibility will excuse his neglect to use his senses of sight and hearing to discover whether a train is dangerously near ■or not before so doing. A person is not only bound to look and listen…
2Cases cited3 opinions
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Steber v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1902
3Cited by12 opinions
- Louisville & Nashville Railroad v. ChambersCourt of Appeals of Kentucky · 1915
- Samulski v. Menasha Paper Co.Wisconsin Supreme Court · 1911
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Kuroske v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1940
- Westerkamp v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Colorado · 1907
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