Minor v. Chicago & North Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The case is stated by the court. The verdict and judgment were for the plaintiff; and the defendant appealed. cited 12 Wend., 591; 1 Smith’s L. C., 300; Redfield on Railways, p. 253, subd. 7 et seq.; 5 Term, 389; 8 M. & W., 258.
1Opinion of the Court
By the Court,
Cole, J.
The proof clearly shows that this was a case of gratuitous bailment, where the company was only bound to exercise slight diligence and was liable for gross negligence.
It appears from the respondent’s own testimony, that she was a passenger on the road of the appellant from Milton to Wat-ertown ; that she arrived at the depot of the company at Wat-*41ertown about 5 o’clock in tbe morning of tbe 7tb of November, 1863, and bad with ber a valise or band trunk wbicb sbe bad taken on to tbe cars witli her and kept under ber control. She says: - After tbe arrival at the depot, Mrs.…
2Cases cited1 opinion
- Cohen v. FrostThe Superior Court of New York City · 1853
3Cited by4 opinions
- Marshall v. Pontiac, Oxford & Northern RailroadMichigan Supreme Court · 1901
- Smith v. Poor Hand Maids of Jesus ChristWisconsin Supreme Court · 1927
- Tallman v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
- Milwaukee Mirror & Art Glass Works v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1912