Vogel v. Otto
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is an appeal from a judgment in favor of the defendants in a personal injury action.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is an appeal from a judgment in favor of the defendants in a personal injury action. The injury occurred at a railroad crossing which is substantially described in Schuenemann v. Director General of Railroads, 177 Wis. 218, 187 N. W. 983. At the crossing of what is known as Cottonwood avenue, a north-and-south highway maintained by the defendant village over the tracks of the railway company, there are two railroad tracks, one used for the company’s cars eastward bound and the other for those…
1Opinion of the CourtDoerfler, J.
The crossing, prior to the accident, had been substantially in the same condition for a period of upwards of one year, so that, assuming that the crossing was not reasonably safe, it must be presumed that the village had notice thereof. Plaintiff’s counsel contend that the village, in the exercise of ordinary care, should have either maintained a barrier or warning near the northwest corner of the crossing, and that in view of the condition of the crossing and the approach thereto from the north it must be held, under the evidence in the case, that the village was negligent as a matter of law.
2Cases cited4 opinions
- Mitchell v. RaymondWisconsin Supreme Court · 1923
- Lines v. City of MilwaukeeWisconsin Supreme Court · 1911
- McNamara v. McNamaraWisconsin Supreme Court · 1901
- Schuenemann v. Director General of RailroadsWisconsin Supreme Court · 1922
3Cited by4 opinions
- Harding v. JesseWisconsin Supreme Court · 1926
- Glick v. BaerWisconsin Supreme Court · 1925
- Prahl v. HogensenWisconsin Supreme Court · 1924
- Casil v. Katsuhei MurataHawaii Supreme Court · 1929