Steber v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lang-lade county: JohN GoodlaNB, Circuit Judge. Action for damages, caused, as alleged, to Wenzl First by the wrongful conduct of defendant in that its servants negligently operated one of its locomotive engines so as to produce his wife’s death.
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Appeal from a judgment of the circuit court for Lang-lade county: JohN GoodlaNB, Circuit Judge. Action for damages, caused, as alleged, to Wenzl First by the wrongful conduct of defendant in that its servants negligently operated one of its locomotive engines so as to produce his wife’s death. The deceased attempted to cross defendant’s railway track at the intersection thereof with one of the public streets of the city of Antigo in the nighttime, while one of its switch engines was rapidly approaching such locality. She was struck by the engine and so injured that she died. The particular…
1Opinion of the CourtMaRShall, J.
Very little can profitably be said in deciding tbis case. Four errors are assigned. All, so far as they relate to tbe issues made by tbe pleadings, may be properly resolved into tbis one proposition: Did tbe trial court err in deciding that tbe evidence disclosed, as a matter of law, contributory negligence on tbe part of tbe deceased ? We are unable to see bow, in tbe light of well-settled legal principles, tbe affirmative of that can be considerately urged. Tbe duty of a person about to step upon a railway track to look both ways and listen, and to discover those dangers which can be…
2Cases cited14 opinions
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
- Nolan v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- Schmolze v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1893
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3Cited by4 opinions
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Marshall v. Green Bay & Western RailroadWisconsin Supreme Court · 1905
- Patterson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1940