Duame v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Action to recover damages for the death of the plaintiff’s intestate, alleged t.o have been caused by the negligence of the defendant’s employees. The facts are sufficiently stated in the opinion. At the close of the testimony the trial court directed the jury to find for the defendant.
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APPEAL from the Circuit Court for Oconto County. Action to recover damages for the death of the plaintiff’s intestate, alleged t.o have been caused by the negligence of the defendant’s employees. The facts are sufficiently stated in the opinion. At the close of the testimony the trial court directed the jury to find for the defendant. From the judgment entered on -the verdict so found the plaintiff appeals. argued, among other things, that the deceased had a right to regulate his conduct by the presumption that the employees of the company would act with reasonable caution and not with…
1Opinion of the CourtOrton, J.
This is a brief, yet substantially correct, statement of the facts: The track of the defendant’s railway crosses Main street in the city of Oconto, nearly north and south. Near the south side of the street there are two sidetracks, with switches, and about seventy feet north of the street there is another side-track, with switch running south. There is a pile of wood, fifty feet long and eight or nine feet high, on the east side of the defendant’s right of way, extending north from the north side of the street; and the ground for some distance east of the track north of the street is about…
2Cases cited3 opinions
- Bower v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Eaton v. . Erie Railway Co.New York Court of Appeals · 1873
- Curtis v. Detroit & Milwaukee RailroadWisconsin Supreme Court · 1870
3Cited by29 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Schindler v. Milwaukee, Lake Shore & Western Railway Co.Michigan Supreme Court · 1891
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
- Ward v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
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