Carmer v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chaeles Smith, Judge. The plaintiffs’ intestate, a boy eight and one-half years of agfe, was run over and killed by a freight train operated by the defendant at the village of Hawthorne, November 11, 1892; and this action is brought by the administrators of his estate, under the statute, to recover damages therefor. There was little dispute upon the trial as to the facts.
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Appeal from a judgment of the superior court of Douglas county: Chaeles Smith, Judge. The plaintiffs’ intestate, a boy eight and one-half years of agfe, was run over and killed by a freight train operated by the defendant at the village of Hawthorne, November 11, 1892; and this action is brought by the administrators of his estate, under the statute, to recover damages therefor. There was little dispute upon the trial as to the facts. The village in question is a small hamlet on the line of defendant’s road, containing at the time of the accident probably between 100 and 200 inhabitants; the…
1Opinion of the CourtWiNsnow, J.
Had the plaintiffs’ intestate been an adult attempting to climb between the cars under the circumstances stated, it seems that he would have been guilty of contributory negligence as a matter of law. Flynn v. Eastern R. Co. 83 Wis. 238. There is no such hard and fast rule,, however, applicable to children of the tender age of the intestate. Generally the question as to the degree of diligence required of the child must be submitted to the jury. Whalen v. C. & N. W. R. Co. 75 Wis. 654. Certainly the present is not a case where the court can say, as a matter of law, that the child was guilty of…
2Cases cited6 opinions
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Johnson v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1893
- Whalen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1890
- Mason v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
- McVoy v. OakesWisconsin Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gesas v. Oregon Short Line R.Utah Supreme Court · 1907
- Schug v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Rowley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
- Searles v. RossSupreme Judicial Court of Maine · 1935
- Dodwell Ex Rel. Williams v. Missouri Pacific RailroadSupreme Court of Missouri · 1964
7 more not listed; retrieve them via the Exa API.