Brown v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Richland County. Action to recover damages for the death of plaintiff’s intestate, Clark E. Brown, on the 15th day of October, 1887, which death - plaintiff claims resulted from the negligent management of defendant’s freight train on which said Brown was a passenger.
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APPEAL from the Circuit Court for Richland County. Action to recover damages for the death of plaintiff’s intestate, Clark E. Brown, on the 15th day of October, 1887, which death - plaintiff claims resulted from the negligent management of defendant’s freight train on which said Brown was a passenger. Brown desired to stop at. a station called “Blue Biver,” and the complaint charges that the defendant’s employees negligently failed to cause the train to stop at Blue Biver long enough for him to alight, and that, they negligently caused the train to be jerked in such a way as to cause him,…
1Opinion of the CourtWiNslow, J.
The nonsuit was clearly right, and must be affirmed. There are only two possible theories upon which the disappearance of the deceased from the train can be accounted for, i. e., (1) he fell from the train, or (2) he voluntarily jumped from the train. The theory that he fell from the train is simply a theory, founded upon no fact in the case, and in fact contradicted by every circumstance in proof which throws any light on the transaction. Should a jury find as a fact that he fell from the train, such finding would have to be set aside at once as contrary to all the evidence. On the other…
2Cited by7 opinions
- Hoylman v. Kanawha & Michigan Ry. Co.West Virginia Supreme Court · 1909
- Shevlin v. American Mutual Accident Ass'nWisconsin Supreme Court · 1896
- Hart v. West Side RailroadWisconsin Supreme Court · 1893
- State v. ZillmannWisconsin Supreme Court · 1904
- Hooker v. BlairMichigan Supreme Court · 1915
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