Jewell v. Chicago, St. Paul & Minneapolis Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Oroix County. About October 1, 1879, the plaintiff, who was then a milliner and dressmaker, about fifty-two or fifty-three years of age, residing at the village of Hammond, a station on the defendant’s railway between St. Paul and Elroy, traveled as a passenger on one of the defendant’s passenger trains from St. Paul to Hammond.
Read the full summary
APPEAL from the Circuit Court for St. Oroix County. About October 1, 1879, the plaintiff, who was then a milliner and dressmaker, about fifty-two or fifty-three years of age, residing at the village of Hammond, a station on the defendant’s railway between St. Paul and Elroy, traveled as a passenger on one of the defendant’s passenger trains from St. Paul to Hammond. The train reached Hammond at about half past ten o’clock in the evening; and the complaint alleges that while the plaintiff was getting off of the train at .the station, “ the defendant so carelessly, negligently and unskillfully…
1Opinion of the CourtCassoday, J.
For the purposes of this appeal, we assume that there is evidence sufficient to justify the jury in finding that the train did not stop in the first instance for a sufficient length of time to enable the plaintiff, in the exercise of duo diligence, to get off the train with safety; notwithstanding the undisputed occurrences during the stoppage, as detailed by the plaintiff’s own witnesses, would seem to demonstrate that a sufficient time did elapse while the train was at rest to enable the plaintiff to get off. Does the undisputed evidence show that the plaintiff was guilty of contributory…
2Cases cited13 opinions
- Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
- Chicago & Alton Railroad v. RandolphIllinois Supreme Court · 1870
- Eberhardt v. SangerWisconsin Supreme Court · 1881
- Illinois Central Railroad v. AbleIllinois Supreme Court · 1871
- Ohio & Mississippi Railway Co. v. StrattonIllinois Supreme Court · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
- McGowan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1895
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
19 more not listed; retrieve them via the Exa API.