Farley v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. This is an action for personal injuries sustained by the plaintiff, September 28, 1891, while driving across twelve paraEel tracks of • the defendant, covering the space of seventy-five feet, at an alleged street crossing, by being-struck by a passing engine, in consequence of the alleged negligence of the defendant’s servants in charge.
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Appeal from an order of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. This is an action for personal injuries sustained by the plaintiff, September 28, 1891, while driving across twelve paraEel tracks of • the defendant, covering the space of seventy-five feet, at an alleged street crossing, by being-struck by a passing engine, in consequence of the alleged negligence of the defendant’s servants in charge. The defendant answered by way of admissions and denials. At the-close of the trial the court submitted to the jury thirty-two questions, in the form of a special…
1Opinion of the CourtCassoday, J.
The thirty-second finding of the jury, to the effect that the plaintiff was guilty of contributory negligence, is inconsistent, if not in direct conflict, with several other findings, to the effect that the direction and velocity of the wind at the time of the accident seriously interfered with the plaintiff’s hearing the approaching engine; that a man of ordinary intelligence and prudence, driving over the tracks on a trot, ought not to have reasonably expected that he would be unable to stop his horse in time to avoid a collision with an approaching engine; that under the circumstances…
2Cases cited9 opinions
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Eberhardt v. SangerWisconsin Supreme Court · 1881
- McLimans v. City of LancasterWisconsin Supreme Court · 1883
- Schillinger v. Town of VeronaWisconsin Supreme Court · 1893
- Schraer v. StefanWisconsin Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Patnode v. WestenhaverWisconsin Supreme Court · 1902
- Suckow v. StateWisconsin Supreme Court · 1904
- Blohowak v. GrochoskiWisconsin Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.