Johnson v. Superior Rapid Transit Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas •county: Charles SMITH, Judge. North Third street, which is sixty feet between the curb lines, runs east and west in West Superior. The defendant •owns and operates an electric railway along that street.
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Appeal from a judgment of the superior court of Douglas •county: Charles SMITH, Judge. North Third street, which is sixty feet between the curb lines, runs east and west in West Superior. The defendant •owns and operates an electric railway along that street. On September 1,1893, between 4 and 5 o’clock in the afternoon, the plaintiff was riding west, with Mrs. Jones and Mrs. Little, in a covered phaeton, with the top up and no curtains •on the sides, upon the south side of the track on said street, between Lamborn and Tower avenues. Mrs. Jones was driving, and an experienced driver, and…
1Opinion of the Court
Cassoday, 0. J.
1. The case of Mrs. Little, mentioned ini the foregoing statement, was before this court, and reversed for errors. Little v. Superior R. T. R. Co. 88 Wis. 402. It was there, in effect, held that the portion of the charge to the effect that the plaintiff could recover, even in a case where both parties were guilty of a want of ordinary care, was error. The same error is present in this case, where the court charged the jury to the effect that, even if the plaintiff was. chargeable with a lack of ordinary care, still the plaintiff should recover, if “ the defendant’s motorman saw…
2Cases cited4 opinions
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
- Hicks v. Citizens' Railway Co.Supreme Court of Missouri · 1894
- Little v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1894
- Bradley v. CramerWisconsin Supreme Court · 1886
3Cited by9 opinions
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Tesch v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Reiter v. GroberWisconsin Supreme Court · 1921
- Willfong v. Omaha & St. Louis RailroadSupreme Court of Iowa · 1902
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