Rothe v. Milwaukee & St. Paul Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was brought by the administrator of one Schuh, under secs. 12, 13, ch. 135, R. S., to recover damages from the defendant for haying negligently caused the death of said Schuh. The circuit court nonsuited the plaintiff, on the ground that it appeared from his own evidence that the deceased was guilty of negligence which contributed to the injury. Plaintiff appealed from the judgment.
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APPEAL from the Circuit Court for Milwaukee County. This action was brought by the administrator of one Schuh, under secs. 12, 13, ch. 135, R. S., to recover damages from the defendant for haying negligently caused the death of said Schuh. The circuit court nonsuited the plaintiff, on the ground that it appeared from his own evidence that the deceased was guilty of negligence which contributed to the injury. Plaintiff appealed from the judgment. The facts upon which the decisions of this court and the circuit court are based, will sufficiently appear from the syllabus and the opinion. Those…
1Opinion of the CourtCole, J.
We think the evidence introduced by the plaintiff clearly showed that the deceased, Schuh, was guilty of great negligence, which contributed to produce his death. It seems that he had just passed over the railroad track into the mill, went down stairs, and placed two bags of shorts on his right shoulder, so as to completely obstruct his view on that side (and probably so as to prevent his hearing in the right ear), and walked directly up out of the mill on to the track, where he was struck by the cars. Persons standing around saw the cars approaching; and the deceased would doubtless have…
2Cited by13 opinions
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- Butler v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
- Cunningham v. LynessWisconsin Supreme Court · 1867
- Donaldson v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
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