Gundlach v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county! E. Ray Stevens, Circuit Judge. Personal injury. First street, in the city of Madison, extends north and south and crosses the defendant railway company’s tracks at a right angle. On each side of the railway the street is paved with concrete to a width of twenty-six feet. There is a slight decline in the highway as it approaches the railway track from the south.
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Appeal from a judgment of the circuit court for Dane county! E. Ray Stevens, Circuit Judge. Personal injury. First street, in the city of Madison, extends north and south and crosses the defendant railway company’s tracks at a right angle. On each side of the railway the street is paved with concrete to a width of twenty-six feet. There is a slight decline in the highway as it approaches the railway track from the south. On the west side of First street and south of the tracks is a warehouse seventy-eight and one-half feet long east and west, thirty-two and three-tenths wide north and south.…
1Opinion of the CourtRosenberry, J.
Upon this appeal the negligence of the defendants is conceded. This renders unnecessary a determination as to whether ormot the defendants were guilty of negligence in failing to maintain a flagman at this point and we will not discuss that question.
The principal question presented here is, .Did the trial' court err in holding that the plaintiff was guilty of contributory negligence as a matter of law and in setting aside the finding of the jury upon that question? In submitting to the jury the question of whether or not the plaintiff was guilty of contributory negligence, the trial court…
Also in this document: Per curiam.
2Cases cited8 opinions
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Derr v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1916
- Franke v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1919
- Rohde v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Krause v. HallWisconsin Supreme Court · 1928
- Tomberlin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1932
- Waitkus v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1931
- Crowley v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1927
- Casdorph v. HinesWest Virginia Supreme Court · 1921
16 more not listed; retrieve them via the Exa API.