Hudson v. Northern Pacific Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Ohaeles Smith, Judge. The plaintiff was a minor about nine years old, living in the city of Superior. The defendant is a railroad corporation, and, as a part of its line of railway, owned and operated a drawbridge across Nemadji river, in said city, used exclusively for railroad purposes. It employed and kept a bridge tender, whose duty it was to open the drawspan to allow the passage of boats on the river.
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Appeal from a judgment of the superior court of Douglas county: Ohaeles Smith, Judge. The plaintiff was a minor about nine years old, living in the city of Superior. The defendant is a railroad corporation, and, as a part of its line of railway, owned and operated a drawbridge across Nemadji river, in said city, used exclusively for railroad purposes. It employed and kept a bridge tender, whose duty it was to open the drawspan to allow the passage of boats on the river. On September 13, 1899, the plaintiff, with another boy, -was playing on the banks of the river, near the bridge. A vessel…
1Opinion of the Court
BáRdeef, J.
The first error assigned is that the court erred in refusing to direct a verdict for defendant. This involves a consideration of the evidence in the case. We have reviewed it carefully, and are unable to find any evi-*622clence to sustain the charge of defendant’s negligence. The theory upon which plaintiff’s counsel seeks to sustain this action is that plaintiff’s position on the end of the draw was perilous, and that the bridge tender was negligent in closing the draw while he stood in this dangerous place. In our view of the case, it becomes unnecessary to inquire whether the…
2Cases cited3 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
- Nass v. SchulzWisconsin Supreme Court · 1899
3Cited by2 opinions
- Dehsoy v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Grant v. Keystone Lumber Co.Wisconsin Supreme Court · 1903