Brown v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. G-. SiebeckeR, Circuit Judge. Action to recover compensation for loss sustained by plaintiff’s intestate, August Zilmer, through the alleged wrongful conduct of defendant’s servants in running one of its passenger trains in the nighttime at an unlawful rate of speed across a public street in Deerfield, in Dane county, Wisconsin, a duly organized village of such county, without giving any signal of its approach…
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Appeal from a judgment of the circuit court for Dane county: E. G-. SiebeckeR, Circuit Judge. Action to recover compensation for loss sustained by plaintiff’s intestate, August Zilmer, through the alleged wrongful conduct of defendant’s servants in running one of its passenger trains in the nighttime at an unlawful rate of speed across a public street in Deerfield, in Dane county, Wisconsin, a duly organized village of such county, without giving any signal of its approach to such crossing by sounding the engine bell or whistle, whereby the intestate, while attempting in the exercise of…
1Opinion of the CourtMaRshall, J.
Counsel contend that the evidence does not show contributory negligence as a matter of law. We shall not take time to follow the learned counsel in their ingenious reasoning on that point. The evidence is perfectly clear that the deceased had ample opportunity to discover the danger which resulted fatally to him, and that he drove his horse recklessly into it. He did not make any attempt to discover the coming train, though it must have been in sight when he was at least forty feet from the crossing. The evidence shows one of the most reckless attempts to cross a railway track, regardless of…
2Cases cited4 opinions
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
3Cited by9 opinions
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Watermolen v. Fox River Electric Railway & Power Co.Wisconsin Supreme Court · 1901
- Gundlach v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1920
- Ludke v. BurckWisconsin Supreme Court · 1915
- Goldmann v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1904
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