Lucas v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. This is an action to recover for personal injuries. On tbe evening of November 5, 1870, Conner Howard, Matbew Dunn and bis wife, Mrs. Lucas and ber son Michael, the plaintiff, who was then a little more than eight years of age, being desirous to go from Madison (where they then were), to McFarland, on tbe line of tbe defendant’s railway, and having ascertained that a train was to leave Madison (which would pass through the…
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APPEAL from tbe Circuit Court for Dane County. This is an action to recover for personal injuries. On tbe evening of November 5, 1870, Conner Howard, Matbew Dunn and bis wife, Mrs. Lucas and ber son Michael, the plaintiff, who was then a little more than eight years of age, being desirous to go from Madison (where they then were), to McFarland, on tbe line of tbe defendant’s railway, and having ascertained that a train was to leave Madison (which would pass through the latter place) at about eleven o’clock on that evening, went to the depot of the defendant about twenty-five minutes before…
1Opinion of the Court
The following opinion was filed at the January term, 1873.
LyoN, J.
If tbe relation of carrier and passenger existed between these parties at the time the plaintiff was injured, the instructions which the learned circuit judge gave the jury on the subject of negligence are applicable to the case, and doubtless state the law correctly. At least they contain nothing of which the defendant can justly complain. The substance of all the instructions on this subject is to the effect that both the plaintiff, or those having the charge of him, and the employees of the defendant in charge of the train,…
2Cited by17 opinions
- St. Joseph & Western Railroad v. WheelerSupreme Court of Kansas · 1886
- Purple v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1902
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Simmons v. Oregon RailroadOregon Supreme Court · 1902
- St. Louis S. F. R. Co. v. NicholsSupreme Court of Oklahoma · 1913
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