Szczepanski v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Brown -county: S. D. Hastings, Circuit Judge. Action for a personal injury. Plaintiff was riding in a box car, by permission, as be claimed, to take care of horses he was having transported over defendant’s road.
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Appeal from a judgment of tlie circuit court for Brown -county: S. D. Hastings, Circuit Judge. Action for a personal injury. Plaintiff was riding in a box car, by permission, as be claimed, to take care of horses he was having transported over defendant’s road. While the train, in which the car was to be taken out from Pulaski, the loading station, was being made up, and, as plaintiff claimed, he was in the car watching his horses, in the switching operation, it was bumped so forcibly, he was thrown down, was caught 'between the side of the door opening and the door, -which., by the sudden…
1Opinion of the CourtMaushall, J.
The appeal presents for consideration the question of whether there was credible evidence tending to establish the affirmative of these propositions: Did appellant fail to exercise ordinary care in handling the car in which respondent was riding? Was the conductor in charge of the train so circumstanced that he ought to have known respondent was aboard the car? Did respondent exercise ordinary care for his own safety ? It is conceded, or must be, that if there be a fair conflict in the evidence or in reasonable inferences therefrom as to such questions, they were properly submitted to the…
2Cited by6 opinions
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Wear v. Northern States Power Co.Wisconsin Supreme Court · 1952
- Thoni v. Bancroft Dairy Co.Wisconsin Supreme Court · 1949
- Nitka v. Van CampWisconsin Supreme Court · 1949
- Jepsen v. Gallatin Valley Ry. Co.Montana Supreme Court · 1921
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