Ward v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of ¡the circuit court for Rock county: John R. Bennett, Circuit Judge. This was an action to recover for personal injuries suffered by the plaintiff while riding upon a passenger train of the defendant. The evidence showed that on the 10th day of June, 1896, the plaintiff, who lived at Orfordville, Rock county, in this state, bought a ticket entitling him to passage over the defendant’s railway to Janesville, and return.
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Appeal from a judgment of ¡the circuit court for Rock county: John R. Bennett, Circuit Judge. This was an action to recover for personal injuries suffered by the plaintiff while riding upon a passenger train of the defendant. The evidence showed that on the 10th day of June, 1896, the plaintiff, who lived at Orfordville, Rock county, in this state, bought a ticket entitling him to passage over the defendant’s railway to Janesville, and return. The ticket was sold at excursion rates because upon that day there was a picnic of the association known' as the Modern Woodmen at Janesville, - and…
1Opinion of the CourtWinslow, J.
1. It was argued in the present case that the evidence conclusively showed the plaintiff guilty of contributory negligence, because he was on the platform of the car when the accident occurred. It has been frequently held that a passenger who voluntarily and unnecessarily rides upon the platform of a railway car assumes the risks which necessarily attend that exposed position; but, on the other hand, it has also been held .that a passenger is not, as matter of law, guilty of negligence in standing on the platform of cars, even while in motion, if there is no room inside; nor is such passenger…
2Cases cited21 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
16 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Gatzow v. BueningWisconsin Supreme Court · 1900
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
36 more not listed; retrieve them via the Exa API.