Duffy v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action for injuries to plaintiff’s person, alleged to have been caused by defendant’s negligence in the running of a train, and in leaving the approach to a certain crossing of its road in the city of Watertown in an improper condition. The character of such crossing, and of the approaches thereto, is sufficiently stated in the opinion.
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APPEAL from the Circuit Court for Dodge County. Action for injuries to plaintiff’s person, alleged to have been caused by defendant’s negligence in the running of a train, and in leaving the approach to a certain crossing of its road in the city of Watertown in an improper condition. The character of such crossing, and of the approaches thereto, is sufficiently stated in the opinion. The complaint contains the following among other allegations: “That on or about the 4th day of June, 1869, this plaintiff was traveling on said highway in a northerly direction from said city of Watertown, with…
1Opinion of the CourtCole, J.
We are not informed by the record upon what precise ground the circuit court granted the nonsuit in this case.
It is argued in the first place by the counsel for the defend*273ant company, that tbe evidence entirely fails to show that by the construction of tbe railroad track at tbe place where tbe accident happened tbe highway was rendered insufficient or dangerous; or that there was any negligence on the part of the agents in the management of the freight train. It does clearly appear, however, that the railroad track approaches the highway at that crossing from the north through a deep cut, and…
2Cases cited2 opinions
- Davis v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
- Rothe v. Milwaukee & St. Paul RailroadWisconsin Supreme Court · 1866
3Cited by12 opinions
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Quaife v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Bunting v. Central Pacific RailroadNevada Supreme Court · 1879
- President & Trustees of the Village of West Bend v. MannWisconsin Supreme Court · 1883
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