Kujawa v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county: S. D. Hastings, Circuit Judge. This is an action to recover damages resulting from a crossing collision at the unincorporated village of Crivitz. The main line of the Superior division of the defendant’s railway runs north and south along the east side of the village. The Menominee branch of defendant’s railway joins the main line at Crivitz.
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Appeal from a judgment of the circuit court for Mari-nette county: S. D. Hastings, Circuit Judge. This is an action to recover damages resulting from a crossing collision at the unincorporated village of Crivitz. The main line of the Superior division of the defendant’s railway runs north and south along the east side of the village. The Menominee branch of defendant’s railway joins the main line at Crivitz. As this branch approaches, the main line from the east it divides into a wye at a point several hundred feet distant from the main line, one line running northwest and the other southwest…
1Opinion of the Court
"W IN snow, O. J.
The highway crossing in question was not within a city or incorporated village, hence it was within the terms of that part of sec. 1809, Stats. (1898), which requires that the engine whistle shall be blown eighty rods, from the crossing and the bell continuously rung from that point until the highway be crossed. As the engine in the present case started from a point well within the eighty-rod limit, the requirement that the whistle be blown eighty rods from the crossing became impossible of fulfilment; but the requirement that the engine bell be rung, at least from the point…
2Cases cited9 opinions
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Norton v. Eastern RailroadMassachusetts Supreme Judicial Court · 1873
- Duame v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Ransom v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1885
- Eilert v. Green Bay & Minnesota RailroadWisconsin Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Moyer v. City of OshkoshWisconsin Supreme Court · 1913
- Coel v. Green Bay Traction Co.Wisconsin Supreme Court · 1911
- Langer v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1936
- Shaver v. DavisWisconsin Supreme Court · 1922
- Sarles v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
7 more not listed; retrieve them via the Exa API.