Johnson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit County for Winnebago County. The case is thus stated by Mr. Justice Cassoday: “ This action is for damages by reason of the death of the intestate, the plaintiff’s son, a lad of nearly seven years, who was run over and killed by a switch-engine in a street crossing in Fort Howard.
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APPEAL from the Circuit County for Winnebago County. The case is thus stated by Mr. Justice Cassoday: “ This action is for damages by reason of the death of the intestate, the plaintiff’s son, a lad of nearly seven years, who was run over and killed by a switch-engine in a street crossing in Fort Howard. On the first trial the plaintiff was nonsuited and the judgment was reversed on appeal. 49 Wis. 529. The same occurred on the second trial, and the facts are fully stated in 56 Wis. 214. “ On the last trial, the jury returned a special verdict to the effect (1) that the defendant or its…
1Opinion of the CourtOassoday, J.
At the place of the injury the defendant’s railway track runs in a northeasterly and southwesterly direction. Second avenue runs directly south from the track, and there is a bridge in it near the track. From the north end of Second avenue, Third avenue runs in a northeasterly direction, and Fifth street in a northwesterly direction. Some seventy-two or eighty feet northeasterly from the middle of the highway there is a switch. On the afternoon in question the engine went northeasterly on the main track; and then the forward end of it was attached to twenty freight cars, and then backed…
2Cases cited4 opinions
- Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Potter v. Chicago & Northwestern RailroadWisconsin Supreme Court · 1868
- Regan v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Barley v. Chicago & A. R.United States Circuit Court · 1865
3Cited by24 opinions
- Thompson v. Town of Fort BranchIndiana Supreme Court · 1931
- Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
- Kreuziger v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
- Kali Inla Coal Co. v. GhinelliSupreme Court of Oklahoma · 1916
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