Castello v. Landwehr
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown County. Tbe defendant appealed from a judgment in favor of tbe plaintiff. Tbe case is stated in tbe opinion. contended that wbat constitutes negligence or reasonable care is a question of law for tbe court (7 Met., 274; 19 Conn., 571; 4 Zab., 277; 11 Wis., 160; 18 id, 831); that if tbe question is one for tbe jury, there was not, in tbis case, enough evidence to go to tbe jury tending to show that tbe accident happened through…
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APPEAL from tbe Circuit Court for Brown County. Tbe defendant appealed from a judgment in favor of tbe plaintiff. Tbe case is stated in tbe opinion. contended that wbat constitutes negligence or reasonable care is a question of law for tbe court (7 Met., 274; 19 Conn., 571; 4 Zab., 277; 11 Wis., 160; 18 id, 831); that if tbe question is one for tbe jury, there was not, in tbis case, enough evidence to go to tbe jury tending to show that tbe accident happened through defendants’ negligence, without negligence on tbe part of tbe deceased (7 Wis., 527); that any negligence, however slight, on…
1Opinion of the CourtLyon, J.
The plaintiff is the administratrix of the estate, and the widow, of Patrick Castello, deceased. It appears that the deceased was the bridge-tender of a bridge across Eox river at Wrightstown, in the county of Brown. The bridge was constructed with a draw, and he was employed by the town of Wrightstown to open the same for the pa-ssage of boats navigating that stream. On some day in the fall of 1869, he opened the draw for the passage down the river of the steamer “Morning Star,” which was then owned and operated by the defendants. The boat, in making the passage through the opening in the…
2Cases cited2 opinions
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
3Cited by20 opinions
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Milwaukee County v. IsenringWisconsin Supreme Court · 1901
- Board of Commissioners v. LeggIndiana Supreme Court · 1884
- Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
- Lawson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1885
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