Hartwig v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. This action was brought by Emil ITartwig, for injuries to his person alleged to have been caused by defendant’s negligence. After, the death of said Emil, the administratrix of his estate, Mary Hartwig, was substituted as plaintiff.
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APPEAL from the County Court of Dodge County. This action was brought by Emil ITartwig, for injuries to his person alleged to have been caused by defendant’s negligence. After, the death of said Emil, the administratrix of his estate, Mary Hartwig, was substituted as plaintiff. The complaint alleges that on the 80th of March, 1878, and for a long time prior thereto, there was a large, deep, uncovered excavation, with perpendicular walls of stone, extending across the road-bed and under the main and side tracks of said railway, on the defendant’s depot grounds, in the village of Juneau; that…
1Opinion of the CourtOetost, J.
This case was presented to the court, by the learned counsel on both sides, mainly on the question of the negligence of the company in the location, construction and condition of its cattle-guard at' the place of the accident. We think that this question was quite immaterial and of no consequence, in view of the evidence and instructions applicable to another and vastly the more important question, of the negligence of the company in stopping the train with the passenger car north of and beyond the cattle-guard so constructed and situated, whether properly so or not. It maybe conceded that…
2Cases cited4 opinions
- Quaife v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Delamatyr v. Milwaukee & Prairie du Chien RailroadWisconsin Supreme Court · 1869
- Davis v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
- Curtis v. Detroit & Milwaukee RailroadWisconsin Supreme Court · 1870
3Cited by5 opinions
- Godfrey Co. v. CrawfordWisconsin Supreme Court · 1964
- Donaldson v. WilsonMichigan Supreme Court · 1886
- United States Express Co. v. JenkinsWisconsin Supreme Court · 1889
- Anderson v. Seattle-Tacoma Interurban Railway Co.Washington Supreme Court · 1904
- St. Louis & S. F. R. v. WhittleCourt of Appeals for the Eighth Circuit · 1896