O'Toole v. Duluth, South Shore & Atlantic Railway Co.
Wisconsin Supreme Court
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
- Koester v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Clemons v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1909
- Dohr v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1911
- Schilling v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
3Cited by5 opinions
- Askey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1917
- Gordon v. Illinois Central RailroadWisconsin Supreme Court · 1918
- Depouw v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
- Dax v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1925
- Depouw v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913