Spencer v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscae M. Feitz, Circuit Judge. Action to recover for tbe death of plaintiff’s son, who was an adul't. While one of defendant’s freight trains, which was about to start for Chicago, was standing on a sidetrack at Milwaukee, Wisconsin, the deceased, without the knowledge of the trainmen and without right, boarded such train for the purpose of obtaining a free ride to its destination.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscae M. Feitz, Circuit Judge. Action to recover for tbe death of plaintiff’s son, who was an adul't. While one of defendant’s freight trains, which was about to start for Chicago, was standing on a sidetrack at Milwaukee, Wisconsin, the deceased, without the knowledge of the trainmen and without right, boarded such train for the purpose of obtaining a free ride to its destination. After the train had proceeded on its way some eighteen miles, a stop was made and then the deceased entered the cab of the engine without…
1Opinion of the CourtMarshall, J.
It is conceded by counsel for appellants that if tbe deceased was a trespasser on respondent’s train, as tbe trial court held, tbe. plaintiffs could not recover in tbe absence , of wilful negligence — some fault greater than mere want of ordinary care on tbe part of tbe engineer — and that no evidence of any greater fault was produced. That accords with elementary principles which have been many times declared and applied by this court, one of tbe latest instances *477being Zartner v. George, 156 Wis. 131, 145 N. W. 971. It follows that if tbe deceased was not a licensee, tbe judgment must be…
2Cases cited10 opinions
- Davis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Zartner v. GeorgeWisconsin Supreme Court · 1914
- Anderson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
- Schug v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Ulicke v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
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3Cited by4 opinions
- Gegere v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1928
- Fraser v. Great Northern Railway Co.Supreme Court of Minnesota · 1926
- Richter v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1922
- Arneberg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1923