Moen v. Madison Railways Co.

This case has been twice before this court upon demurrer to the complaint. Moen v. Madison Rys. Co. 199 Wis. 168, 171, 225 N. W. 821; 208 Wis. 381, 388, 243 N. W. 503. In the former it was held that the complaint was insufficient for failure to state in connection with its other allegations that the motorman heard the warning gong sounded by the approaching fire-truck. In the latter it was held that an allegation of the complaint on information and belief that the “motorman heard the sounding of the gong” and failed to stop his car upon hearing it, together with its other allegations, stated…