McKinney v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Action for personal injury at a railroad crossing. On November 28, 1892, the plaintiff started from his home to drive to the city of Kenosha, four miles away. It was a cold, windy day. He rode in a covered buggy, with side curtains on. He was about eighty years old. He was blind of one eye, and his hearing was dull. He had lived in the neighborhood for many years, and was entirely familiar with the situation.
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APPEAL from the Circuit Court for Kenosha County. Action for personal injury at a railroad crossing. On November 28, 1892, the plaintiff started from his home to drive to the city of Kenosha, four miles away. It was a cold, windy day. He rode in a covered buggy, with side curtains on. He was about eighty years old. He was blind of one eye, and his hearing was dull. He had lived in the neighborhood for many years, and was entirely familiar with the situation. He drove a steady horse, that was not afraid of cars. His road was one of the principal thoroughfares leading to the city from the…
1Opinion of the CourtNewMAN, J.
If the plaintiff had looked in the direction of the coming train he would have seen it coming and would have avoided injury. The rule of the law is well settled. It needs no citations. Onp who is about to cross a railroad track is bound to be alert with his senses. The track itself is a danger signal. He must both look and listen. If by looking he could see the approaching train in time to avoid a collision, he is without remedy if he permits it to strike him.
There is nothing in the circumstances of this case so peculiar as to make it an exception to the rule. The plaintiff was old and dull…
2Cases cited1 opinion
- Ward v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
3Cited by10 opinions
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Dey v. United Railways Co.Missouri Court of Appeals · 1909
- Flynn v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1912
- Butler v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
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