Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. This is an action to recover damages for injuries to the person and property of the plaintiff, alleged to have been caused by the negligence of the employees of the defendant company in operating one of its trains on the "Wisconsin Talley division of the company in the city of Wausau. The railroad of the defendant company passes through that city from north to south on the east side of and near the Wisconsin river.
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APPEAL from the Circuit Court for Marathon County. This is an action to recover damages for injuries to the person and property of the plaintiff, alleged to have been caused by the negligence of the employees of the defendant company in operating one of its trains on the "Wisconsin Talley division of the company in the city of Wausau. The railroad of the defendant company passes through that city from north to south on the east side of and near the Wisconsin river. Bridge street in said city runs east and west, crossing the railroad. A spur track, commencing south of such crossing, extends…
1Opinion of the CourtLyon, J.
In the consideration of the present case it will be assumed that there was sufficient evidence to send the question of the negligence of the defendant company to *220the jury. The only question to be determined is, Does the uncontradicted evidence prove conclusively that the plaintiff was guilty of negligence which contributed directly to the injuries of which he complains? The circuit judge was of the opinion that, under the peculiar circumstances of this case, it was the duty of the plaintiff to have stopped his team while he could do so, that he might the better hear the approach of the train.
I…
2Cases cited10 opinions
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
- Schaefert v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1883
- Eilert v. Green Bay & Minnesota RailroadWisconsin Supreme Court · 1880
- Duffy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Davis v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1907
- Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Colorado & Southern Railway Co. v. ThomasSupreme Court of Colorado · 1905
- Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
33 more not listed; retrieve them via the Exa API.