Anderson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashlcmd County. This action was brought to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant on the 19t.h of November, 1892. It was alleged that at the time mentioned the intestate, 'Fred Anderson, was lawfully traveling along and crossing a portion of the track of the defendant which was used for several years and down to the time of the accident, with defendant’s…
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APPEAL from the Circuit Court for Ashlcmd County. This action was brought to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant on the 19t.h of November, 1892. It was alleged that at the time mentioned the intestate, 'Fred Anderson, was lawfully traveling along and crossing a portion of the track of the defendant which was used for several years and down to the time of the accident, with defendant’s knowledge and consent, for the purpose of a footway by foot travelers, at or near the intersection of Sixteenth avenue west…
1Opinion of the CourtPinney, J.
1. The plaintiff’s contention was that the defendant had been guilty of negligence in running its train at a dangerous and unlawful rate of speed, and in not keeping a proper outlook, and for failure to give timely warning of the approach of the train. It was error, we think, to admit the testimony of the witnesses Weed and Oleson to the effect that for a few days after the accident the defendant ran its trains over the trestle quite slowly, and afterwards ran them at its former alleged dangerous rate of speed of thirty or thirty-five miles an hour. The tendency of the testimony was to show,…
2Cases cited19 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Davis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Georgia Southern & Florida Railway Co. v. CartledgeSupreme Court of Georgia · 1902
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- Green v. Ashland Water Co.Wisconsin Supreme Court · 1898
16 more not listed; retrieve them via the Exa API.