Haetsch v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County., Action to recover for the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. to the point that there was no presumption of law that a person killed at a crossing did not stop to look and listen, cited Hoye v. G. c& IV. W. JR. Go. 67 Wis. 1; Mynning v. JD., L. cfi JV.
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APPEAL from the Superior Court of Milwaukee County., Action to recover for the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. to the point that there was no presumption of law that a person killed at a crossing did not stop to look and listen, cited Hoye v. G. c& IV. W. JR. Go. 67 Wis. 1; Mynning v. JD., L. cfi JV. JR. Go. 64 Mich. 93, and cases cited; Penn. JR. Go. v. Weber, 76 Pa. St. 168; 111. Gent. P. Go. v. JTfowioki, 148 Ill. 29.
1Opinion of the Court
Obton, O. J.
There are several errors assigned by the appellant’s counsel, relating to the testimony and the instructions of the court to the jury, some of which appear to be sufficient to work a reversal of the judgment in this case and make it proper that there should be a new trial. But we are so clearly and firmly of the opinion that the plaintiff ought not to have recovered, on the evidence, that we deem it our duty to reverse the judgment on the merits of the case. At the conclusion of the testimony, appellant’s counsel moved the court to direct a verdict for the defendant. We shall…
2Cases cited6 opinions
- Hendrickson v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858
- Brown v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Schmolze v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Bentson v. BrownWisconsin Supreme Court · 1925
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Koester v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
12 more not listed; retrieve them via the Exa API.