Kressine v. Janesville Traction Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county: George Grimm, Circuit Judge. This is an action to recover damages for personal injuries sustained by plaintiff on June 13, 1919, a boy then about three years of age. The evidence shows that on or before June 13, 1919, a repair crew in the employ of defendant had been habitually conveyed to the then terminus of the Jackson-street line in the city of Janesville in an old street car.
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Appeal from a judgment of the circuit court for Rock county: George Grimm, Circuit Judge. This is an action to recover damages for personal injuries sustained by plaintiff on June 13, 1919, a boy then about three years of age. The evidence shows that on or before June 13, 1919, a repair crew in the employ of defendant had been habitually conveyed to the then terminus of the Jackson-street line in the city of Janesville in an old street car. The workmen were let out of the car at the scene of their work, and the foreman then took the car to the end of the line on South Jackson street, which…
1Opinion of the CourtOwen, J.
In recognition of the fact that children will play in a public street, this court has held that one may not maintain therein an implement, machine, or structure attractive to children without taking due care to prevent injury resulting to them by reason of natural childish interferences therewith. Busse v. Rogers, 120 Wis. 443, 98 N. W. 219; Harris v. Eastern Wis. R. & L. Co. 152 Wis. 627, 140 N. W. 288; Kelly v. Southern Wis. R. Co. 152 Wis. 328, 140 N. W. 60; Webster v. Corcoran Brothers Co. 156 Wis. 576, 146 N. W. 815. The duty thus cast upon him who placés or maintains such an implement,…
2Cases cited5 opinions
- O'Malley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1890
- Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
- Russe v. RogersWisconsin Supreme Court · 1904
- Webster v. Corcoran Bros.Wisconsin Supreme Court · 1914
- Harris v. Eastern Wisconsin Railway & Light Co.Wisconsin Supreme Court · 1913
3Cited by7 opinions
- Ruka v. ZiererWisconsin Supreme Court · 1928
- Stanley v. Missouri Pacific Railroad CompanyLouisiana Court of Appeal · 1965
- Coffey v. Oscar Mayer & Co.Wisconsin Supreme Court · 1948
- Burroughs v. Pacific Telephone & Telegraph Co.Oregon Supreme Court · 1923
- Tabary v. New Orleans Public Service, Inc.Louisiana Court of Appeal · 1932
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