Wade v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden, Circuit Judge. This action was brought by plaintiff, an infant, through his guardian ad litem> to recover damages for personal injuries received while crossing the railway tracks of the defendant upon Broad street in the city of Kenosha.
Read the full summary
Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden, Circuit Judge. This action was brought by plaintiff, an infant, through his guardian ad litem> to recover damages for personal injuries received while crossing the railway tracks of the defendant upon Broad street in the city of Kenosha. The issues raised by the pleadings were (1) whether defendant was negligent in operating its train over the highway crossing in question, and (2) whether plaintiff was guilty of contributory negligence amounting to more than a slight want of ordinary care. Defendant’s motion for…
1Opinion of the CourtKeRWin, J.
The sole question on this appeal is whether the finding of the jury that the plaintiff was not guilty of more than a slight want of ordinary care which proximately contributed to the injury is supported by the evidence. It is claimed on the part of the appellant that the undisputed evidence shows that the plaintiff was guilty of more than a slight want of ordinary care.
Broad street in the city of Kenosha runs east and west, is about thirty-six feet wide, and is crossed by three tracks of the defendant running north and south. The most easterly track is the south-bound main, the next west is…
2Cases cited17 opinions
- Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Case v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1910
- Ferguson v. Wisconsin Central RailroadWisconsin Supreme Court · 1884
- Anderson v. Chicago Brass Co.Wisconsin Supreme Court · 1906
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Briese v. MaechtleWisconsin Supreme Court · 1911
- Gordon v. Illinois Central RailroadWisconsin Supreme Court · 1918
- Shaver v. DavisWisconsin Supreme Court · 1922
- New Amsterdam Casualty Co. v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1926