Walters v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dunn county: E. W. Helms, Circuit Judge. They argued, among other things, that the flagman had no reason to apprehend that the horses would be frightened by the noise incident to a proper operation of the engine as it approached the crossing.
Read the full summary
Appeal from a judgment of the circuit court for Dunn county: E. W. Helms, Circuit Judge. They argued, among other things, that the flagman had no reason to apprehend that the horses would be frightened by the noise incident to a proper operation of the engine as it approached the crossing. There was no danger of a collision to be apprehended, and he was not bound to anticipate that the ordinary noises made by the engine while at a distance from the crossing would scare horses of ordinary gentleness. The testimony fails to show negligence on the part of the flagman. Flaherty v. Harrison, 98…
1Opinion of the CourtCassoday, C. J.
• This action was commenced March 28, 1898, to recover damages for personal injuries sustained by the plaintiff Hovember 1, 1897, about 3 o’clock in the afternoon, by reason of his team becoming frightened and run-ning away east on Second street in the city of Hastings, Minnesota, caused by the alleged negligence of the defendant in failing to give any notice or warning of the approach of the engine and cars, and in failing to have present at the time the customary flagman, and by running defendant’s engine and cars faster than eight miles an hour, contrary to the ordinance of the city. Issue…
2Cases cited7 opinions
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Ransom v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1885
- Abbot v. KalbusWisconsin Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Kujawa v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
- Shaffer v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1914
- Hendricks v. Fremont, Elkhorn & Missouri Valley RailroadNebraska Supreme Court · 1903
- Crowley v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1904
8 more not listed; retrieve them via the Exa API.