Depouw v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto county: W. B. QuietlaN, Circuit Judge. Action for personal injuries. The jury returned the following special verdict: “(1) Is the condition of plaintiffs heart the result of the collision, on March 4, 1910, by his team, which he was driving, colliding with a flat car left by the defendant standing on its track across one of the highways in the city of Oconto ? A. Yes.
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Appeal from a judgment of the circuit court for Oconto county: W. B. QuietlaN, Circuit Judge. Action for personal injuries. The jury returned the following special verdict: “(1) Is the condition of plaintiffs heart the result of the collision, on March 4, 1910, by his team, which he was driving, colliding with a flat car left by the defendant standing on its track across one of the highways in the city of Oconto ? A. Yes. “(2) Was tbe defendant negligent in permitting said car to be standing across said highway as it was at the time of the said collision? A. Yes. “(3) If your answer to the…
1Opinion of the CourtBabNEs, J.
This case was before this court on a former appeal and is reported in 151 Wis. 109, 138 N. W. 42. The main facts are quite fully stated in the opinion on that appeal and need not be reiterated here.
A large number of errors are assigned, and, inasmuch as there must be a new trial ordered, we shall discuss such of the questions raised as may be of assistance in disposing of the case on a subsequent trial. The appellant urges, with much earnestness and force, that no negligence on the part of the railway company was shown and that it should be held as a matter of law that plaintiff was guilty of…
2Cases cited2 opinions
- Depow v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- O'Toole v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1913
3Cited by7 opinions
- Licha v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1937
- Hendley v. Chicago & Nortwestern Railway Co.Wisconsin Supreme Court · 1929
- Worden v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1923
- Alexander v. MeyersWisconsin Supreme Court · 1952
- Simpson v. Pere Marquette Railway Co.Michigan Supreme Court · 1936
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