Wilson v. Chippewa Valley Electric Railroad
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Eau Claire county: James O’Neill, Circuit Judge. At 4 o’clock p.- m. on tide 14th day of December, 1901, one David Wilson, while crossing the defendant’s track in a sleigb drawn by two horses, was run down and killed by one of defendant’s electric cars, and this action is brought by his widow and administratrix to recover damages for his death.
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Appeal from a judgment of tlie circuit court for Eau Claire county: James O’Neill, Circuit Judge. At 4 o’clock p.- m. on tide 14th day of December, 1901, one David Wilson, while crossing the defendant’s track in a sleigb drawn by two horses, was run down and killed by one of defendant’s electric cars, and this action is brought by his widow and administratrix to recover damages for his death. The complaint charges gross negligence, or, more accurately, such wilful and wanton acts as amount to intentional killing. A verdict for the defendant was directed at the close of the evidence, and the…
1Opinion of the CourtWinslow, J.
The complaint charges that the defendant’s agents wantonly and wilfully ran the deceased down, with such gross negligence as to amount to an intention on their part to inflict injury on the deceased. The action was tried on the theory that these facts must be shown. The trial court directed a verdict because it deemed that there was no credible evidence tending to show such facts, and the question now presented is whether this direction was right. We are convinced that this question must be answered in the negative. There were ten or more passenger in the car as it approached the place of…
2Cases cited9 opinions
- Louisville, New Albany & Chicago Railway Co. v. BryanIndiana Supreme Court · 1886
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Hays v. Gainesville Street Railway Co.Texas Supreme Court · 1888
- Highland Avenue & Belt Railroad v. WinnSupreme Court of Alabama · 1890
- McClellan v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Bentson v. BrownWisconsin Supreme Court · 1925
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- State v. WhatleyWisconsin Supreme Court · 1933
14 more not listed; retrieve them via the Exa API.