Bahlert v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county. W. B. Quinlan, Circuit Judge. Action to recover, damages sustained by plaintiff in a collision with defendant’s train.
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Appeal from a judgment of the circuit court for Mari-nette county. W. B. Quinlan, Circuit Judge. Action to recover, damages sustained by plaintiff in a collision with defendant’s train. Hall avenue, Marinette, runs in an easterly and westerly direction and is intersected by the track of the Chicago, Milwaukee & St. Paul Railway Company, which runs from northwest to southeast, forming an angle of 120 degrees on the northeast side of the highway and an angle of 60 degrees on the southeast. On September 4, 1917, at about 3:30 p. m., defendant’s train, consisting of' an engine and fourteen cars,…
1Opinion of the CourtVinje, J.
The vital question raised by the appeal is ..whether, plaintiff was guilty of more than a slight want of ordinary care in driving his automobile so close to the track without looking for a train. The testimony is that he looked when from 600 to 700 feet from the track and that he drove at a rate of speed of about twelve miles per hour, and did not look again till within twelve or fifteen feet of the track, when it was too late to avoid the collision. The first observation was obviously too early to be relied upon alone, especially in view of his slow fate of speed. He was then not within or…
2Cases cited3 opinions
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Puhr v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1920
- Gordon v. Illinois Central RailroadWisconsin Supreme Court · 1918
3Cited by16 opinions
- Toledo Term. Rd. Co. v. HughesOhio Supreme Court · 1926
- Clark v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1934
- Roth v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1925
- Worden v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1923
- Twist v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1922
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