Shaver v. Davis
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county; Chester A. Fowler, Circuit Judge. The appeal is from a judgment in favor of the plaintiff for $4,794.77. . On February 23, 1920, shortly before noon, the plaintiff, ,while driving an auto truck east on Grove street in the outskirts of the city of Fond du Lac, was struck at a grade' crossing by a train which was “coasting” north, down grade, with the steam shut off.
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Appeal from a judgment of the circuit court for Fond du Lac county; Chester A. Fowler, Circuit Judge. The appeal is from a judgment in favor of the plaintiff for $4,794.77. . On February 23, 1920, shortly before noon, the plaintiff, ,while driving an auto truck east on Grove street in the outskirts of the city of Fond du Lac, was struck at a grade' crossing by a train which was “coasting” north, down grade, with the steam shut off. The day was clear and cold; a wind was blowing from the northwest; a “Look out for the cars” sign was in full view on the west side of the crossing. .At all points…
1Opinion of the Court
The following opinion was filed November 15, 1921:
Jones, J.
In view of the testimony it is clear that the trial court would not have been justified in taking from the jury the question of the rate of speed of the train nor in changing their answer that the train was moving in excess of twelve miles an hour as it approached and was within twenty rods of the crossing.
Appellant’s counsel rely on Riger v. C. & N. W. R. Co. 156 Wis. 86, 144 N. W. 204, where in the opinion of one witness, formed from imperfect observation, the rate of speed was estimated at about sixteen or seventeen miles per hour,…
Also in this document: Dissent.
2Cases cited21 opinions
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Ellis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1918
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Krause v. HallWisconsin Supreme Court · 1928
- Tomberlin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1932
- Kanass v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1923
- Paine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1932
- Van Dunk v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1926
7 more not listed; retrieve them via the Exa API.