Legal Opinion

Merrill v. Chicago, North Shore & Milwaukee Railroad

Wisconsin Supreme Court

Decided May 4, 1920PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for Kenosha county: E. T. Fairci-iild, Judge. Personal0 injury. December 23, 1917, the wife of the plaintiff, aged thirty-nine years, was riding in' a Ford automobile driven by her son, Leland Merrill, at that time seventeen years of age.

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Appeal from a judgment of the circuit court for Kenosha county: E. T. Fairci-iild, Judge. Personal0 injury. December 23, 1917, the wife of the plaintiff, aged thirty-nine years, was riding in' a Ford automobile driven by her son, Leland Merrill, at that time seventeen years of age. They were going from plaintiff’s farm to Kenosha, and in so doing passed over the double tracks of the' defendant company, which run north and south, the crossing being made on Avery street, which runs east and west. West of the’ company’s tracks, and parallel thereto, is Superior street. From the intersection of…

1Opinion of the CourtRosenberry, J.

It will be noted'that question 3 of the special verdict inquired whether or not the street car was traveling at a greater rate of speed than fifteen miles per hour as it approached Avery street. This question was framed with reference to an ordinance of the' city of Kenosha, the material provisions of which are as follows:

“No motorman ... in charge of an interurban car . . . propelled by electricity, shall run, drive, propel, or operate any such car upon or along any railroad track laid and maintained on any public street ... at a greater rate of speed than-fifteen- miles per hour.”

The court…

2Cases cited4 opinions

  1. White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Dahinden v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1919
  3. People's Rapid Transit Co. v. DashNew York Court of Appeals · 1890
  4. In re the People's Rapid Transit Co.New York Supreme Court · 1890

3Cited by1 opinion

  1. People v. LockenvitzAppellate Court of Illinois · 1970

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