Williams v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. Action to recover damages for injuries to the team and wagon of the plaintiff, caused by an engine and caboose of the defendant running into them as they were crossing the railroad track upon a highway near the city of Columbus. The facts are stated in the opinion. At the close of the plaintiff’s testimony the circuit court granted a nonsuit, and from the judgment entered accordingly the plaintiff appealed.
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APPEAL from the Circuit Court for Columbia County. Action to recover damages for injuries to the team and wagon of the plaintiff, caused by an engine and caboose of the defendant running into them as they were crossing the railroad track upon a highway near the city of Columbus. The facts are stated in the opinion. At the close of the plaintiff’s testimony the circuit court granted a nonsuit, and from the judgment entered accordingly the plaintiff appealed. To the point that when the company neglects to give the customary signals, want oí ordinary care cannot be imputed to a person because he…
1Opinion of the CourtOassoday, J.
The following facts are conclusively established by the evidence: At the place of the injury the railway ran east and west, and the public highway ran across it north and south. The plaintiff’s team, driven by his hired man, approached the crossing from the north. The engine, with a caboose attached, approached the crossing from the west. Two men rode with the driver, sitting on dump-boards lying flat on the bolsters of the wagon, with their feet hanging down, and their faces towards the east and their backs towards the west. When they got.opposite a house on the west side of the highway, at…
2Cases cited2 opinions
- Ransom v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1885
- Bower v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
3Cited by12 opinions
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
- Judson v. Great Northern Railway Co.Supreme Court of Minnesota · 1895
- Steinhofel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
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