Derr v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Crosse county: E. C. Higbee, Circuit Judge. The action is brought to recover damages for injury to the person and property of the plaintiff, resulting from a collision between one of defendant’s trains and plaintiff’s automobile. Caledonia street runs north and south through the city of La Crosse and is crossed by seven parallel railroad tracks of defendant.
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Appeal from a judgment of tbe circuit court for La Crosse county: E. C. Higbee, Circuit Judge. The action is brought to recover damages for injury to the person and property of the plaintiff, resulting from a collision between one of defendant’s trains and plaintiff’s automobile. Caledonia street runs north and south through the city of La Crosse and is crossed by seven parallel railroad tracks of defendant. On January 30, 1915, at about 9:30 o’clock in the evening, the plaintiff was driving his car north along Caledonia street toward this crossing. He testifies that he looked out for trains…
1Opinion of the CourtSiebeckeR, J.
The defendant contends that upon the evidence adduced the plaintiff was, as a matter of law, guilty of contributory negligence which precludes his recovering in the case. It is urged that the evidence shows that plaintiff, as he approached and passed the crossing, omitted to exercise ordinary care in failing to look and listen for approaching trains and in driving his car at an unlawful and dangerous rate of speed. An examination of the record discloses a sharp conflict in the evidence on the question of the rate of speed he was driving while approaching and crossing the railroad. The…
2Cases cited11 opinions
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Armstrong v. SellersSupreme Court of Alabama · 1913
- Armstead v. LounsberrySupreme Court of Minnesota · 1915
- Lockridge v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Szafranski v. RadetzkyWisconsin Supreme Court · 1966
- Frint Motor Car Co. v. Industrial CommissionWisconsin Supreme Court · 1919
- Steinkrause v. EcksteinWisconsin Supreme Court · 1920
- Limerick v. RobertsCourt of Appeals of Georgia · 1924
- Central of Georgia Railway Co. v. MooreSupreme Court of Georgia · 1919
14 more not listed; retrieve them via the Exa API.