Boerth v. West Side Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to recover for injuries to the plaintiff’s horses, harnesses, wagon, and load of pies, which were struck by an electric car of the defendant at the junction of Grand avenue and Eighth street in Milwaukee. The defense is a general denial and contributory negligence. At the close of the trial, the court directed a verdict in favor of the defendant. From the judgment entered thereon the plaintiff appeals.
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APPEAL from the Circuit Court for Milwaukee County. Action to recover for injuries to the plaintiff’s horses, harnesses, wagon, and load of pies, which were struck by an electric car of the defendant at the junction of Grand avenue and Eighth street in Milwaukee. The defense is a general denial and contributory negligence. At the close of the trial, the court directed a verdict in favor of the defendant. From the judgment entered thereon the plaintiff appeals. The rule applicable to persons crossing a steam railroad applies also to those crossing a street railway, especially such as are…
1Opinion of the CourtCassoday, J.
The evidence on the part of the plaintiff is to the effect that the wagon in question was covered *290with wood on the top and on both sides; that the only-person on the wagon at the time of the injury was the plaintiff’s driver; that in driving he sat about two feet back from the front of such covering, where he could not see out on either side; that about 8 o’clock on the morning in question he drove north on Eighth street until he came to Grand avenue; that while in the act of crossing that avenue, with the horses on a walk, the defendant’s electric car came from the west on the avenue, and…
2Cited by4 opinions
- Fritz v. Detroit Citizens' Street Railway Co.Michigan Supreme Court · 1895
- McCormick v. Ottumwa Railway & Light Co.Supreme Court of Iowa · 1910
- Cincinnati Street Ry. Co. v. SnellOhio Supreme Court · 1896
- Welch v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1913