Leitch v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane-county: R. Gr. Siebbokee, Circuit Judge. This is an action for personal injury at a highway crossing of the defendant’s railway track. The plaintiff was approaching the track from the westward.
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Appeal from a judgment of the circuit court for Dane-county: R. Gr. Siebbokee, Circuit Judge. This is an action for personal injury at a highway crossing of the defendant’s railway track. The plaintiff was approaching the track from the westward. The conformation, of the ground is such that her view to the left was obstructed,, until she got very close to the railway track, by reason of a-high bank within the right of way, most of which consists, of a natural hill, through the foot of which the railway runs, making a small cut. Her horses are claimed to have been frightened by an approaching…
1Opinion of the CourtWinslow, J.
As stated in the foregoing statement of facts, there were two grounds of negligence claimed by the plaintiff : First, that the defendant had failed to restore the highway to its former condition of usefulness and to so maintain it; and, second, that the defendant’s employees failed to give the proper warning signals when approaching the highway with their engine. Both of these alleged grounds of negligence were submitted to the jury and they were told, substantially, that if they found negligence in either respect which was the direct cause of the injury they should, in the absence of…
2Cases cited1 opinion
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
3Cited by3 opinions
- Thomas v. CareySupreme Court of Colorado · 1899
- Clark v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1907
- Sletten v. MadisonWisconsin Supreme Court · 1904