Nein v. La Crosse City Ry. Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Western District of Wisconsin. This was an action by August Nein against the La Crosse City Railway Company for personal injury. The court directed a verdict for defendant, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the Western District of Wisconsin. This was an action by August Nein against the La Crosse City Railway Company for personal injury. The court directed a verdict for defendant, and plaintiff brings error. This suit is brought to recover for personal injuries sustained under the following circumstances: Caledonia street, in the city of La Crosse, runs north and south, is about 50 feet in width, from curb to curb of the sidewalk, and at the time of the injury was a smooth macadamized street. The center of the street was occupied by the two…
1Opinion of the CourtJenkins, Circuit Judge
No negligence is seriously imputed to the defendant in the management or operation of the car up to the moment when it is said the motorman should have appreciated the situation and turned off the current, decreasing the speed of the car, or have brought it to a stop. The ordinance of the city expressly permits a speed of 20 miles an hour, and there is nothing in the situation to charge a less *87speed as negligence up to the moment before the collision. It is plain as noonday, and practically conceded, that the conduct of the plaintiff was grossly negligent, amounting to recklessness. The space…
2Cases cited7 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Holmes v. South Pacific Coast RailwayCalifornia Supreme Court · 1893
- Murphy v. DeaneMassachusetts Supreme Judicial Court · 1869
- O'Brien v. McGlinchySupreme Judicial Court of Maine · 1878
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