Urbanek v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. Action for injuries to the plaintiffs person and to his horses and wagon, from a train of cars on defendant’s road. At the time of the accident, plaintiff was driving his team across said road upon a public highway, and the complaint alleges that the accident was caused by defendant’s failure to give a reasonable and proper signal of the approach of the train.
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APPEAL from the Circuit Court for La Crosse County. Action for injuries to the plaintiffs person and to his horses and wagon, from a train of cars on defendant’s road. At the time of the accident, plaintiff was driving his team across said road upon a public highway, and the complaint alleges that the accident was caused by defendant’s failure to give a reasonable and proper signal of the approach of the train. It appeared from the evidence at the trial, that the highway in question is crossed by the Chicago & Northwestern Railway at a point about 341 feet south of defendant’s crossing; and…
1Opinion of the CourtOetost, J.
This cause seems to have been very fully and ably tried, and the special findings of the jury cover all the material facts, and are consistent with their general verdict for the plaintiff, and there is no such preponderance of proof against them as would warrant this court in finding adversely to the jury on any material question of fact.
The special instructions asked by the respondent were given substantially in the general charge, and it was not error to refuse to give them in this special manner, although they *65were correct in principle and applicable to tbe case, if they were so given…
2Cases cited1 opinion
- Karasich v. HasbrouckWisconsin Supreme Court · 1871
3Cited by12 opinions
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Draper v. BakerWisconsin Supreme Court · 1884
- Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1886
- Eilert v. Green Bay & Minnesota RailroadWisconsin Supreme Court · 1880
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