Kollentz v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. Action to recover damages for personal injuries sustained by plaintiff while attempting to board a moving freight train. The accident occurred in the yards of the defendant company at the Wilcox-street crossing in the city of Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. Action to recover damages for personal injuries sustained by plaintiff while attempting to board a moving freight train. The accident occurred in the yards of the defendant company at the Wilcox-street crossing in the city of Milwaukee. The evidence shows that for a number of years prior to the date of the accident persons of all ages freely used the right of way of the company at said point for the purpose of travel on foot; that persons between the ages of nine and twenty years habitually used…
1Opinion of the CourtOwen, J.
The trial court directed a verdict in favor of the defendant solely upon the ground that the evidence did not disclose any violation of a duty which the defendant owed to the plaintiff and that actionable negligence on the part of the defendant had not been shown. Appellant contends that the railroad company failed in the performance of its duty in its long acquiescence in the custom obtaining on the part of both boys and men of frequenting'the rightt of way and jumping on moving freight trains and cars at the Wilcox-street crossing without any protest against such custom on the part of the…
2Cases cited3 opinions
- Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900
- Wills v. Ashland Light, Power & Street Railway Co.Wisconsin Supreme Court · 1900
- Ballard v. Bellevue Apartment Co.Wisconsin Supreme Court · 1916
3Cited by3 opinions
- Alston v. Baltimore & Ohio RailroadDistrict Court, District of Columbia · 1977
- Brophy v. Milwaukee Electric Railway & Transport Co.Wisconsin Supreme Court · 1947
- Goldberg v. BerkowitzWisconsin Supreme Court · 1921