Monrean v. Eastern Wisconsin Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eond du Lae county: Ci-iestee, A. Eowlee, Circuit Judge. The plaintiff as administratrix of the estate of Leslie Mon-rean, deceased, seeks to recover damages for the death of her infant son, Leslie, alleged to have been wrongfully and negligently caused hy the defendant. The deceased was a boy seventeen months old at the time of his death.
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Appeal from a judgment of the circuit court for Eond du Lae county: Ci-iestee, A. Eowlee, Circuit Judge. The plaintiff as administratrix of the estate of Leslie Mon-rean, deceased, seeks to recover damages for the death of her infant son, Leslie, alleged to have been wrongfully and negligently caused hy the defendant. The deceased was a boy seventeen months old at the time of his death. He was left by his mother sitting in the kitchen on a child’s highchair, with the table down or in front of him, eating a bunch of grapes, while she stepped across the street to buy a can of salmon for supper.…
1Opinion of the CourtViNje, J.
On tbe merits defendant makes two contentions : Eirst, that there is no evidence to show negligence on tbe part of the defendant, and second, that tbe parents of tbe child were guilty of contributory negligence. Tbe jury found tbe defendant negligent in two respects: (a) in tbe failure of tbe motorman to drop tbe fender upon first discovering tbe child, and (b) in bis failure to use ordinary care in *622looking ahead, or in failing sooner to discover the child. If either of these grounds of negligence is sustained, the plaintiff must prevail so far as defendant’s negligence is concerned. Having…
2Cases cited11 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
- St. Louis, I. M. & S. Railway Co. v. FreemanSupreme Court of Arkansas · 1880
- Gibbons v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Holt v. Spokane & Palouse Railway Co.Idaho Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Potter v. PotterWisconsin Supreme Court · 1937
- Kashuda v. Adams Express Co.Wisconsin Supreme Court · 1920
- Matson v. Dane CountyWisconsin Supreme Court · 1922
- Denver City Tramway Co. v. BrownSupreme Court of Colorado · 1914