Sarles v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Grant county: G-eobge ClembktsoN, Circuit Judge. This is an action to recover damages for the death of the intestate, alleged to have been due to the negligence of the defendant. Frank B. Sarles, the decedent, was instantly killed at the crossing of the defendant’s railroad with Park street in the city of Boscobel, August 6, 1906. Park street and the railroad make an acute angle.
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Appeal from a judgment of tbe circuit court for Grant county: G-eobge ClembktsoN, Circuit Judge. This is an action to recover damages for the death of the intestate, alleged to have been due to the negligence of the defendant. Frank B. Sarles, the decedent, was instantly killed at the crossing of the defendant’s railroad with Park street in the city of Boscobel, August 6, 1906. Park street and the railroad make an acute angle. The course of the railroad is from northeast to southwest. Park street runs north and south. Mr. Sarles approached this crossing from the south, driving his team of…
1Opinion of the CourtSiebecker, J.
The evidence on the question of decedent’s care in driving his team and approaching the railroad track presents a conflict and is susceptible of sustaining different inferences. According to some of the evidence the team was in decedent’s control at all times up to the point of collision, thus tending to show that he either did not look to observe the approaching train before attempting to cross the track after he was within hearing or seeing distance of it, or that he observed the train and attempted to cross immediately in front •of it. In either event he would be guilty of negligence…
2Cases cited3 opinions
- Guhl v. WhitcombWisconsin Supreme Court · 1901
- Piper v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Kujawa v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
3Cited by5 opinions
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Kanass v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1923
- Shaver v. DavisWisconsin Supreme Court · 1922
- Fisher v. Waupaca Electric Light & Railway Co.Wisconsin Supreme Court · 1910
- Michaels v. Chicago, Burlington & Quincy RailroadWisconsin Supreme Court · 1911