Potter v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. This was an action by the administrator of Prances L. Bishop against the defendant, for negligently causing the death of said Prances, a child about ten years old, who with her mother, was a passenger on the defendant’s train from Chicago to Port At-Mnson.
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APPEAL from the Circuit Court for Jefferson County. This was an action by the administrator of Prances L. Bishop against the defendant, for negligently causing the death of said Prances, a child about ten years old, who with her mother, was a passenger on the defendant’s train from Chicago to Port At-Mnson. The complaint alleged that the defendant so negligently and unskilfully conducted itself in the management of said train, that when the same arrived at Port Atkinson, it did not stop the same long enough to permit said Prances or her mother to get off the car in which they were traveling,…
1Opinion of the CourtDowner, J.
It is contended that the complaint is insufficient because it does not aver that the deceased, at the time of the fatal accident, was in the exercise of ordinary care, or was free from negligence on her part. \ The complaint alleges that the injury was caused by the negligence of the defendant. The complaint in this respect is according to most of the precedents of declarations, English_and American. There are, how*535ever, precedents with averments in form that the plaintiff was in the exercise of ordinary care, or was free from negligence on his part. In Gough v. Bryan, 2 M. & W., 770, the…
2Cited by4 opinions
- Cunningham v. LynessWisconsin Supreme Court · 1867
- Harper v. HolcombWisconsin Supreme Court · 1911
- Gram v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
- McQuade v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1887