Dinan v. Chicago & Milwaukee Electric Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Personal injuries. Plaintiff was operating a steam roller rolling asphalt pavement which was being laid between the defendant’s tracks on Grove street in Milwaukee, and was proceeding northward at a speed of about two miles an hour at the time of the accident.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Personal injuries. Plaintiff was operating a steam roller rolling asphalt pavement which was being laid between the defendant’s tracks on Grove street in Milwaukee, and was proceeding northward at a speed of about two miles an hour at the time of the accident. He had run the roller south just previously over the same strip and in so doing was facing souths He then turned and went northward. At the time of turning he looked southward and saw no car approaching. He traveled northward about 150 feet…
1Opinion of the CourtWiNsnow, C. J.
We regard tbe evidence as entirely sufficient to sustain tbe findings of fact of tbe jury. No time will be spent in considering tbem. There is but one question arising on tbe trial which seems to us necessary to be treated, and that is tbe question whether tbe trial court erred in charging tbe jury on tbe eleventh question of tbe verdict relating to plaintiff’s contributory negligence. Upon this subject tbe court charged in substance that it is tbe duty of tbe ordinary traveler on a street to keep a vigilant lookout for approaching cars, but that where a person is lawfully performing work…
2Cases cited4 opinions
- Turtenwald v. Wisconsin Lakes Ice & Cartage Co.Wisconsin Supreme Court · 1904
- Graves v. Portland Ry., Light & Power Co.Oregon Supreme Court · 1913
- Lewis v. Binghamton RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Lewis v. Binghamton RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by19 opinions
- Hodgson v. Wisconsin Gas & Electric Co.Wisconsin Supreme Court · 1925
- Driscoll v. California Street Cable RailroadCalifornia Court of Appeal · 1926
- Cook v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1953
- Knutter v. BakalarskiWisconsin Supreme Court · 1971
- Isgro v. Plankinton Packing Co.Wisconsin Supreme Court · 1922
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