Finkelstein v. Chicago & North Western Railway Co.

The facts were stipulated and are therefore not in dispute. On December 17, 1929, at about 10 o’clock in the forenoon, plaintiff’s husband, Samuel Finkelstein, was driving his horse, hitched to an open junk wagon, in a southwesterly direction along McGeoch avenue, and across defendant’s tracks in the city of West Allis. The horse was being driven at a walk toward the track which carried eastbound traffic. Finkelstein’s eyesight and hearing were good. He was struck and instantly killed by the locomotive of an east-bound passenger-train, which was proceeding at a rate of twenty to twenty-five…