Meissner v. Southern Wisconsin Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane' county: E. Ray SteveNS, Circuit Judge. Plaintiff brought this action as administrator of tbe estate of Andrew Grady, deceased, to recover damages from tbe defendant for tbe death of said Grady. Tbe defendant maintains a double track on Williamson street in tbe city of Madison between Baldwin and Dickinson streets, converging into a switch at Dickinson street and extending eastwardly as a single track.
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Appeal from a judgment of tbe circuit court for Dane' county: E. Ray SteveNS, Circuit Judge. Plaintiff brought this action as administrator of tbe estate of Andrew Grady, deceased, to recover damages from tbe defendant for tbe death of said Grady. Tbe defendant maintains a double track on Williamson street in tbe city of Madison between Baldwin and Dickinson streets, converging into a switch at Dickinson street and extending eastwardly as a single track. Oars going east wait, when necessary, on tbe east-bound track near Dickinson street for tbe west-bound cars to clear tbe switch. On tbe…
1Opinion of the CourtBarNes, J.
On the motion for nonsuit the circuit judge summed up the situation as follows:
“There is no evidence in the record that the deceased ever looked or listened for an approaching car. If we assume, as the plaintiff urges we must, that the deceased did look and listen before he started to cross the street, then we find he is in the situation where, having observed a car which was about to approach, he starts across the street, taking a path which makes the approaching car come somewhat from his rear; he passes a standing car which obstructs his view, 'passes over an area in which, if he had…
2Cases cited9 opinions
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Koester v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Marshall v. Green Bay & Western RailroadWisconsin Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Peters v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1935
- Rusczck v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1926
- Moody v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1920
- Jacky v. McAdooWisconsin Supreme Court · 1920
- Yellick v. Milwaukee Northern Railway Co.Wisconsin Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.