Koester v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Washington county: James J. Dice, Circuit Judge. The defendant’s railway runs through the city of West Bend in a generally northerly and southerly direction. The city is mainly some little distance to the west of the track, while to the east of it, in the vicinity involved, are some lumber yards and sheds and an elevator.
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Appeal from a judgment of the circuit court for Washington county: James J. Dice, Circuit Judge. The defendant’s railway runs through the city of West Bend in a generally northerly and southerly direction. The city is mainly some little distance to the west of the track, while to the east of it, in the vicinity involved, are some lumber yards and sheds and an elevator. The railroad is crossed by Water street at a point about 600 feet south of the depot and about 850 feet north of the south city limits. The course of the railroad is level, and at or above the surface, for nearly half a mile…
1Opinion of the CourtDodge, J.
On this appeal findings that defendant’s train was running at an unlawful rate of speed, that the statutory crossing signals were not given, and that defendant’s servants were guilty of negligence proximately causing the accident, are not seriously assailed. The assignments of error substantially resolve themselves into the contention that plaintiff’s own evidence shows conclusively that the deceased was guilty of contributory negligence, in that he drove onto the crossing without proper or any efforts, to inform himself whether a train was approaching, or with knowledge of its approach. The…
2Cases cited7 opinions
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Groesbeck v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Haetsch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1894
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Todd v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1915
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Kaiser v. NummerdorWisconsin Supreme Court · 1904
- Guhl v. WhitcombWisconsin Supreme Court · 1901
20 more not listed; retrieve them via the Exa API.