Otto v. Milwaukee Northern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: E. 0. Eschweiler, Circuit Judge. Action to recover compensation for personal injury. ■ Plaintiff accompanied ber son, bis wife and two children, and tbe wife’s sister, to assist tbem, particularly tbe wife and children, to take passage on defendant’s car. All but plaintiff intended to board tbe first car going their way. She carried a basket in one band and some baby clothes in tbe other.
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Appeal from a judgment of tbe circuit court for Milwaukee county: E. 0. Eschweiler, Circuit Judge. Action to recover compensation for personal injury. ■ Plaintiff accompanied ber son, bis wife and two children, and tbe wife’s sister, to assist tbem, particularly tbe wife and children, to take passage on defendant’s car. All but plaintiff intended to board tbe first car going their way. She carried a basket in one band and some baby clothes in tbe other. As a car was seen approaching she efficiently signaled it to stop. Upon tbe car coming to a stand tbe party proceeded to enter; tbe man…
1Opinion of the CourtMarshall, J.
This is not a case within tbe class illustrated by Wickert v. Wis. Cent. R. Co. 142 Wis. 375, 125 N. W. 943, and tbe like, dealing with a situation created by a *57person entering a railroad car as a licensee to see another off on a journey, and the railroad company’s servant, not knowing or having reasonable ground to anticipate the entry is with the intention of going hack before the starting time, efficiently signals for the start, resulting in such person being injured in his effort to leave the car. Had respondent here reached the platform before the car started and then returned to the…
2Cases cited7 opinions
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Heimlich v. TaborWisconsin Supreme Court · 1905
- Hill v. Louisville & Nashville RailroadSupreme Court of Georgia · 1905
- Wickert v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
- Boston Elevated Ry. Co. v. SmithCourt of Appeals for the First Circuit · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Botta v. BrunnerSupreme Court of New Jersey · 1958
- Affett v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1960
- Hanley v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1936
- Zelof v. Capital City Transfer, Inc.Wisconsin Supreme Court · 1966
- Marolla v. American Family Mutual InsuranceWisconsin Supreme Court · 1968
14 more not listed; retrieve them via the Exa API.