Johnson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Calumet County. Action for an inj ury to plaintiff’s intestate, wbicb resulted in bis death, and which is alleged to have been caused by defendant’s negligence. After plaintiff’s evidence was in, the court, on defendant’s motion, ordered a nonsuit. Plaintiff appealed from the judgment. Submitted for the appellant on the brief of Tracy c& Bailey.
1Opinion of the CourtCole, J.
The nonsuit can only be sustained upon the grounds, first, that the jury would not have been warranted in finding, upon the evidence, negligence upon the part of the servants of the defendant; or second, that the evidence did show negligence on the part of the boy, or his parents, which contributed to the injury. A glance at the testimony will show that the nonsuit was wrong upon either ground. The boy was about six years old, and, as we understand the testimony, was killed at a place where the railroad track crossed a public street in Port Howard. The highway was one much traveled by *530little…
2Cases cited3 opinions
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Butler v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
3Cited by10 opinions
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Ward v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
- Gowan v. McAdooSupreme Court of Minnesota · 1919
- Compty v. C. H. Starke Dredge & Dock Co.Wisconsin Supreme Court · 1906
- Smith ex rel. Smith v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1881
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