Douglas v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Action to recover for personal injuries alleged to bave been caused by defendant’s actionable negligence.
Read the full summary
Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Action to recover for personal injuries alleged to bave been caused by defendant’s actionable negligence. Tbe evidence tended to prove that at a Becker street crossing of tbe defendant’s railway right of way in tbe city of Milwaukee, defendant maintained sis railway tracks with a gate on eacb side of tbe right of way, so operated that when the crossing was about to be used for tbe passage of trains the gates were let down so as to bar tbe approach to tbe track for tbe entire width, of the street; that…
1Opinion of the CourtMarshall, J.
Where there is a reasonable dispute as to the evidentiary facts tending to establish negligence, or to the reasonable inferences which a jury may rightfully draw therefrom, the ultimate fact as to whether the party charged with negligence is guilty is for the jury; but where the facts are undisputed and the inferences therefrom all one way, the controversy turns on a question of law and must be decided by the court. Testing this case by that familiar rule, the trial court nonsuited the plaintiff. Whether contributory negligence on the part of the plaintiff was conclusively established so as…
2Cases cited9 opinions
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- George v. Mobile & Ohio RailroadSupreme Court of Alabama · 1895
- Glover v. ScottenMichigan Supreme Court · 1890
- Granger v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
- Shields v. W. R. Grace & Co.Oregon Supreme Court · 1919
- Robbins v. Steve Wilson CompanyOregon Supreme Court · 1970
- Vega Rosado v. American RailroadSupreme Court of Puerto Rico · 1940
- Ashbach v. Iowa Telephone Co.Supreme Court of Iowa · 1914
5 more not listed; retrieve them via the Exa API.