Jorgenson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Kacine county: William: Smiedikg, Je., Judge. The plaintiff’s intestate was killed by a train while crossing the defendant’s tracks at the State street crossing in the city of Bacine. The evidence showed the following state of facts: State street runs east and west and crosses the tracks of the defendant at grade and practically at a right angle just north of the defendant’s passenger station in Racine.
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Appeal from a judgment of the municipal court of Kacine county: William: Smiedikg, Je., Judge. The plaintiff’s intestate was killed by a train while crossing the defendant’s tracks at the State street crossing in the city of Bacine. The evidence showed the following state of facts: State street runs east and west and crosses the tracks of the defendant at grade and practically at a right angle just north of the defendant’s passenger station in Racine. It is a very busy street, and the crossing is furnished with gates operated from a tower; a bell is also located in the tower, which is…
1Opinion of the CourtWinslow, C. J.
By sec. 1809 of the Statutes the legislature has endeavored by various imperative requirements to eliminate as far as possible the dangers of the grade crossing.
Sub. 1 of this section prohibits the running of a train or locomotive in any incorporated city or village faster than twelve miles per hour while approaching and within twenty rods of any grade street crossing. Sub. 2 provides that whenever a railroad company “shall erect, maintain and operate” gates, or “maintain a flagman” at any such grade crossing, a train or locomotive may be run at a speed not exceeding thirty miles an hour, and…
2Cases cited3 opinions
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Willard v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- Holdridge v. MendenhallWisconsin Supreme Court · 1900
3Cited by21 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Bielski v. SchulzeWisconsin Supreme Court · 1962
- Hart v. StateWisconsin Supreme Court · 1977
- Clemens v. StateWisconsin Supreme Court · 1922
- Clark v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1934
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