O'Brien v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: JohN K. Pabish, Circuit Judge. This action is to recover damages for tbe alleged negligent killing of tbe plaintiff’s infant son June 18, 1901, at a street crossing in tbe city of Ashland. Issue being joined and trial bad, tbe court at tbe close of tbe testimony directed a verdict in favor of tbe defendant, and from tbe judgment entered thereon tbe plaintiff brings this appeal.
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Appeal from a judgment of the circuit court for Ashland county: JohN K. Pabish, Circuit Judge. This action is to recover damages for tbe alleged negligent killing of tbe plaintiff’s infant son June 18, 1901, at a street crossing in tbe city of Ashland. Issue being joined and trial bad, tbe court at tbe close of tbe testimony directed a verdict in favor of tbe defendant, and from tbe judgment entered thereon tbe plaintiff brings this appeal. Tbe negligence alleged is tbe excessive speed of the train and tbe failure to keep a lookout in tbe direction in which tbe train was going at tbe tima It…
1Opinion of the CourtCarsoday, C. J.
We cannot say that there was any error-in refusing to submit to the jury the question whether the defendant was negligent in failing to keep a lookout in the direction in which the train was going at the time. The facts are given in the foregoing statement. The engineer was on the lookout on his side of the train all the time as they approached Seventh avenue. The mere fact that the fireman, in pursuance of the requirements of his duties, just before reaching that avenue, got down on the deck, where he could not look ahead, cannot be regarded as negligence, under the circumstances stated.
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2Cases cited5 opinions
- Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Hoppe v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Nolan v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- Turner v. PierceWisconsin Supreme Court · 1872
3Cited by6 opinions
- DeGroot v. Van AkkerenWisconsin Supreme Court · 1937
- Campbell v. . LaundrySupreme Court of North Carolina · 1925
- Campbell v. Model Steam LaundrySupreme Court of North Carolina · 1925
- Director General of Railroads v. Hubbard'sSupreme Court of Virginia · 1922
- Southern Ry. Co. v. ColtonTennessee Supreme Court · 1917
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