Gower v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Oounty Court, of Milwaukee Oounty. Action for injuries to the plaintiff’s person, alleged to have been caused by negligence of defendant’s Servants in running the train by which plaintiff was struck while he was crossing a public street in the city of Milwaukee. Plaintiff appealed from a judgment of nonsuit. The evidence in his favor is sufficiently stated in the opinion.
1Opinion of the CourtCole, J.
It does not appear from the record upon what ground the nonsuit in this case was ordered. It is intimated in the brief of plaintiff’s counsel, that the court below granted the nonsuit because the evidence showed contributory negligence on the part of the plaintiff. The plaintiff rested after having detailed in his testimony the facts and circumstances under which he received the injury. The question is, Was the evidence of contributory negligence on his part so clear and decisive as to warrant the court in withdrawing the case from the jury? If the facts were fairly debatable, or rested in…
2Cases cited2 opinions
- Achtenhagen v. City of WatertownWisconsin Supreme Court · 1864
- Rothe v. Milwaukee & St. Paul RailroadWisconsin Supreme Court · 1866
3Cited by6 opinions
- Hoth v. PetersWisconsin Supreme Court · 1882
- Fitts v. Cream City RailroadWisconsin Supreme Court · 1884
- Kortendick v. Town of WaterfordWisconsin Supreme Court · 1908
- Whitty v. City of OshkoshWisconsin Supreme Court · 1900
- Wade v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1911
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