Buckmaster v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Keno-sha county: S. D. Hastings, Je., Judge. Action by administrator on behalf of widow for damages resulting from the death of Ralph Tabor by alleged negligence of defendant.
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Appeal from a judgment of the circuit court for Keno-sha county: S. D. Hastings, Je., Judge. Action by administrator on behalf of widow for damages resulting from the death of Ralph Tabor by alleged negligence of defendant. It appeared that Tabor, on May 11, 1898, was a brakeman running upon one of defendant’s trains eastward through the town of Salem, in Kenosha county; that as his train was passing from the main track onto a side track, about midnight, it met with some obstruction or difficulty, stopping it partly on the main track, whereupon he was directed to go back westward about half a…
1Opinion of the CourtDodge, J.
In the view we have taken upon the question •of contributory negligence it becomes unnecessary to decide whether the breach of duty and regulation committed by the engineer of the west-bound freight train in running over and past the red-lantern signal to stop because of danger •could be the proximate cause of Tabor’s death, though much discussed by counsel. Neither need we pass upon the admissibility in evidence of defendant’s former answer.
Considering the conduct of deceased, it must be conceded that the circumstances whereby the main track to the eastward of Tabor was blocked by his own…
2Cases cited7 opinions
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Koester v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Steinhofel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Groesbeck v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
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- Butteris v. Mifflin & Linden Mining Co.Wisconsin Supreme Court · 1907
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