Legal Opinion

O'Toole v. Duluth, South Shore & Atlantic Railway Co.

Wisconsin Supreme Court

Decided May 14, 1913PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Bayfield county: John K. Parish, Circuit Judge. This is an action to recover damages for personal injuries suffered by the plaintiff while crossing the defendant’s railway tracks on a highway in the unincorporated village of Iron River in Bayfield county. On March 2, 1911, the plaintiff started work for the Iron River Lumber Company, hauling wood with a team and dump-cart from the mill of the company to the wood-yard.

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Appeal from a judgment of the circuit court for Bayfield county: John K. Parish, Circuit Judge. This is an action to recover damages for personal injuries suffered by the plaintiff while crossing the defendant’s railway tracks on a highway in the unincorporated village of Iron River in Bayfield county. On March 2, 1911, the plaintiff started work for the Iron River Lumber Company, hauling wood with a team and dump-cart from the mill of the company to the wood-yard. The mill was located on the east side of defendant’s tracks,, about 600 feet from the crossing, and the wood-yard where the loads…

1Opinion of the Court

The following opinion was filed March 11, 1913:

Siebecker, J.

The jury found that the defendant was guilty of negligence in failing to give warning of the approach of its engine to the grade crossing, over the highway-in question; that such negligence was the proximate cause of plaintiff’s injuries; and that plaintiff’s omission' to look and listen for an approaching locomotive, when he should have done so, was, under the circumstances and conditions, a want of ordinary care which proximately contributed to cause hina the injuries complained of, but that this culpability on his part was no more…

2Cases cited5 opinions

  1. Koester v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
  2. Clemons v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1909
  3. Dohr v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1911
  4. Schilling v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
  5. Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901

3Cited by5 opinions

  1. Askey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1917
  2. Gordon v. Illinois Central RailroadWisconsin Supreme Court · 1918
  3. Depouw v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
  4. Dax v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1925
  5. Depouw v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913

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