Wolf v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Sheboy-gan county: Michael KiewaN, Circuit Judge. Action to recover damages caused to the surviving relatives-of Adam Wolf by his death, claimed to have been produced’ by defendant’s negligence. On the 26th day of October, 1905, the deceased was a passenger on defendant’s train, taking passage from Grlenbeulah: to Plymouth, Wisconsin. When the train approached his destination it was about 6:30 p. m.
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Appeal from a judgment of tlie circuit court for Sheboy-gan county: Michael KiewaN, Circuit Judge. Action to recover damages caused to the surviving relatives-of Adam Wolf by his death, claimed to have been produced’ by defendant’s negligence. On the 26th day of October, 1905, the deceased was a passenger on defendant’s train, taking passage from Grlenbeulah: to Plymouth, Wisconsin. When the train approached his destination it was about 6:30 p. m. It was raining hard and was-very dark. The street arc lights that were customarily in-service at such time were out. The train stopped a short…
1Opinion of the CourtMaeshaxl, J.
Counsel for appellant stated this as the proposition presented by the record for decision:
“If a railroad company stops a passenger train at a railroad crossing as the train approaches a railroad station, in the nighttime, after the station has been called, without notice to *339the passengers that the stop is not for the station, is such conduct of the company negligent as to a passenger who is entirely familiar with local conditions ?”
We cannot agree with counsel that the quoted language accurately covers the matter to be decided. It omits several circumstances which may well have had weight in…
2Cases cited27 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
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3Cited by7 opinions
- Murphy v. Herold Co.Wisconsin Supreme Court · 1909
- Dallas v. Illinois Central RailroadCourt of Appeals of Kentucky · 1911
- Sheffield v. Stone, Ordean, Wells Co.North Dakota Supreme Court · 1922
- Smith v. Detroit United RailwayMichigan Supreme Court · 1909
- Zoellner v. City of Fond du LacWisconsin Supreme Court · 1911
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