Ellis v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
■ Appeals from a judgment of the circuit court for Outa-gamie county: E. Y. WeeNee, Circuit Judge. In a collision between the defendant Chicago & Northwestern Raihuay Company, hereinafter called Raihuay Company, and the Wisconsin Traction, Light, Neat & Power Company, hereinafter called Traction Company, Al. M. Frederick and Ben Schneider were injured and each commenced suit against both companies to recover damages.
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■ Appeals from a judgment of the circuit court for Outa-gamie county: E. Y. WeeNee, Circuit Judge. In a collision between the defendant Chicago & Northwestern Raihuay Company, hereinafter called Raihuay Company, and the Wisconsin Traction, Light, Neat & Power Company, hereinafter called Traction Company, Al. M. Frederick and Ben Schneider were injured and each commenced suit against both companies to recover damages. One of said suits was tried, in which a nonsuit was granted as to the Railway_ Company and verdict rendered in favor of Schneider against the Traction Company for $4,200 damages.…
1Opinion of the CourtKbewiN, J.
It is established by the verdict in this case that Frederick and Schneider were injured; that the conductor of the Traction Company failed to discharge his duty in ascertaining whether the train of the Railway Company was coming over the crossing, and that such failure was a proximate cause of the injuries sustained; that the Railway Company failed to keep a flagman stationed at the crossing in question at the time of the collision, contrary to an ordinance of the city of Neenah, and was guilty of want of ordinary care in failing to do so, but that such want of ordinary care was not a…
2Cases cited16 opinions
- Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
- Northwestern Iron Co. v. Indusrrial CommissionWisconsin Supreme Court · 1913
- Mayberry v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1907
- Allen v. VojeWisconsin Supreme Court · 1902
- Nickerson v. WheelerMassachusetts Supreme Judicial Court · 1875
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