Moen v. Madison Railways Co.

The first contention of the appellant is that the complaint fails to state a cause of action because it fails to charge the motorman with the doing of any negligent act or with the negligent omission to do any act causing plaintiff’s injury. This contention is chiefly predicated upon the well-established rule that the operator of a street car is not negligent in opening the street-car door to enable a passenger to alight, without warning the passenger of the danger of injury from a passing vehicle. Downs v. Northern States Power Co. 200 Wis. 401, 228 N. W. 471. In the Downs Case the complaint…