Townley v. Chicago, MilwauKee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The case is thus stated by Mr. Justice Cassoday: “ Action to recover damages for an injury resulting in the loss of a foot of the plaintiff, Rosa Townley, caused by the alleged negligence of the defendant, March 10, 1879. At the time of the injury, Rosa was seven years of age, and had, during the day, been attending a school on Washington avenue, in the city of Madison, leading-directly from the capitol to the east end of the…
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APPEAL from the Circuit Court for Dane County. The case is thus stated by Mr. Justice Cassoday: “ Action to recover damages for an injury resulting in the loss of a foot of the plaintiff, Rosa Townley, caused by the alleged negligence of the defendant, March 10, 1879. At the time of the injury, Rosa was seven years of age, and had, during the day, been attending a school on Washington avenue, in the city of Madison, leading-directly from the capitol to the east end of the passenger depot of the Prairie du Chien division of the defendant’s road. Rosa’s home seems to have been some forty or…
1Opinion of the CourtCassoday, J.
Was there an absence of negligence on the part of the defendant? There is evidence tending to show, in effect, that the yard-master saw Rosa standing still on the track at or near “ switch B,” the place where she was caught, before the cars started back, and that he was, at the time, *631about 220 feet east of her, with the cars over 100 feet west of her, and that he, knowing she was in danger, hallooed to the train men at the time, and again when the cars got within about sixty feet of her, or opposite “ switch A,” where the switchman stood; that she was on the same side of the track as the…
2Cases cited16 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Robinson v. ConeSupreme Court of Vermont · 1850
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- The Steamboat Clipper v. LoganOhio Supreme Court · 1849
11 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Davis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Morrison v. CarpenterMichigan Supreme Court · 1914
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
39 more not listed; retrieve them via the Exa API.