Burns v. North Chicago Rolling Mill Co.
Wisconsin Supreme Court
APPExYL from the Circuit Court for Milwaukee County. Action for injuries to the person of the plaintiff and to his wagon, caused by a collision with a moving train while he was attempting to cross the track of the defendant’s railroad. A motion by the defendant for a nonsuit, made at the close of the plaintiff’s testimony, was denied.
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APPExYL from the Circuit Court for Milwaukee County. Action for injuries to the person of the plaintiff and to his wagon, caused by a collision with a moving train while he was attempting to cross the track of the defendant’s railroad. A motion by the defendant for a nonsuit, made at the close of the plaintiff’s testimony, was denied. The court submitted to the jury for a special verdict, forty-four questions proposed on behalf of the defendant, and seventeen questions proposed on behalf of the plaintiff. The answers to such questions so far as they are material to the decision, and other…
1Opinion of the CourtTaylor, J.
This action was brought to recover damages for an injury sustained by the plaintiff while crossing the track of a railroad owned and used by the defendant company at Ray Yiew, near the city of Milwaukee. The accident occurred between seven and eight o’clock in the evening of the 18th of October, 1881, at a place where the company’s railroad track crosses a public highway leading from Ray Yiew to the city of Milwaukee. The plaintiff was driving an express wagon with one horse, and as he came upon the crossing a’ train of cars loaded with coal was backing down across the street. There were…
2Cases cited4 opinions
- Cottrill v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Haas v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
- Kearney v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Lawton v. Royal Canadian InsuranceWisconsin Supreme Court · 1880
3Cited by10 opinions
- Livingston v. TaylorSupreme Court of Georgia · 1909
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1897
- Burns v. North Chicago Rolling Mill Co.Wisconsin Supreme Court · 1886
- Chicago, St. Louis & Pittsburgh Railroad v. KenningtonIndiana Supreme Court · 1890
- Chicago & Eastern Illinois Railroad v. VesterIndiana Court of Appeals · 1911
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