Abbot v. McCadden
Wisconsin Supreme Court
ERROR to the Oircuit Court for Portage County. Action for damages on account of the death of Anthony D. McCadden, who was run over by a switch engine in the yard of the "W isconsin Central railroad, at Stevens Point, July 4, .1889. At the time of the accident, and for about a year previously, deceased was employed as a fireman upon switch engine No. 13 in said yard, and had been at work on the day of his death up to about 11:30 o’clock a. m., when he left his engine and…
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ERROR to the Oircuit Court for Portage County. Action for damages on account of the death of Anthony D. McCadden, who was run over by a switch engine in the yard of the "W isconsin Central railroad, at Stevens Point, July 4, .1889. At the time of the accident, and for about a year previously, deceased was employed as a fireman upon switch engine No. 13 in said yard, and had been at work on the day of his death up to about 11:30 o’clock a. m., when he left his engine and started across the yard to get his dinner. There were numerous switch tracks in the yard, and as he was crossing one of them…
1Opinion of the CourtWiNSLow, J.
The railroad yard in which the 'accident occurred was within the limits of the city of Stevens Point, and was crossed by several streets. One of the elements of negligence which the jury found, and upon which the plaintiff below based her right to recover, was that the switch engine which ran over the intestate was being driven at a negligently high rate of speed, or considerably more than sis miles an hour, contrary to the terms of sec. 1809, R. S. Upon the trial the defense offered to prove that it was the universal custom in the yard, before and at the time of the accident, to run switch…
2Cited by19 opinions
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Escambia County Electric Light & Power Co. v. SutherlandSupreme Court of Florida · 1911
- Faber v. C. Reiss Coal Co.Wisconsin Supreme Court · 1905
- Denver & R. G. R. Co. v. NorgateCourt of Appeals for the Eighth Circuit · 1905
- Haworth v. StateHawaii Supreme Court · 1979
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