Schildt v. Johnson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. The plaintiff came in the evening of November 7, 1915, to a highway crossing on defendant’s interurban line, prepared to pay his fare and to board one of its cars going to Kenosha.
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Appeal from a judgment of tbe circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. The plaintiff came in the evening of November 7, 1915, to a highway crossing on defendant’s interurban line, prepared to pay his fare and to board one of its cars going to Kenosha. It was customary for. certain of its cars known as local to stop on signal at this crossing for passengers; the limited' cars or trains, however, went by without stopping, but in the' nighttime as they approached there was no way of distinguishing them from the local cars. A three-inch plank about ten inches wide had been…
1DissentEschweilbe, J.
Under the facts in this case I think plaintiff was clearly a passenger (Tarczek v. C. & N. W. R. Co. 162 Wis. 438, 441, 156 N. W. 473), and that it was properly a jury question to determine whether or not defendant was negligent in furnishing the place for such passenger to approach and board its cars. The evidence showed that he did appreciate the situation and did use some care to avoid danger, and the jury, not the court, should have said whether, in the light of all the surrounding circumstances, this was ordinary care. Spencer v. M. & P. du C. R. Co. 17 Wis. 487, 493; Munroe v. Pa. R.…
2Cases cited4 opinions
- Richardson v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1913
- Spencer v. Milwaukee & Prairie du Chien RailroadWisconsin Supreme Court · 1863
- Munroe v. Pennsylvania RailroadSupreme Court of New Jersey · 1914
- Tarczek v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916