Imhoff v. Chicago & Milwaukee Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Tbe plaintiff was a passenger on tbe defendant’s road from Chicago to Milwaukee ; and it is alleged in tbe complaint tbat while getting off tbe cars, after then- arrival at tbe latter place (which was about one o’clock at night), she, through defender's negligence, was thrown down by the motion of the train, which had commenced backing, and received severe personal injuries; to recover damages for which this action was…
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. Tbe plaintiff was a passenger on tbe defendant’s road from Chicago to Milwaukee ; and it is alleged in tbe complaint tbat while getting off tbe cars, after then- arrival at tbe latter place (which was about one o’clock at night), she, through defender's negligence, was thrown down by the motion of the train, which had commenced backing, and received severe personal injuries; to recover damages for which this action was brought. The answer denies these allegations. A considerable amount of evidence was introduced by both parties as to the…
1Opinion of the CourtDowner, J.
At tbe trial, tbe following instructions given to tbe jmy at tbe request of tbe respondent’s counsel were excepted to by tbe appellant: “1. If both parties were guilty of negligence, and tbe negligence of eacb party was tbe proximate cause of tbe injury, tbe plaintiff cannot recover; but if tbe negligence of tbe railroad company, tbe defendant, was proximate — that is, negligence occurring at tbe time tbe injury happened — and tbat of tbe plaintiff was remote, tben tbe plaintiff may recover. 2. If tbe jury find from tbe evidence, tbat ordinary and reasonable care and attention to tbe safety…
2Cases cited2 opinions
- Hickman v. GriffinSupreme Court of Missouri · 1839
- Jones v. TalbotSupreme Court of Missouri · 1836
3Cited by23 opinions
- McMechen v. McMechenWest Virginia Supreme Court · 1881
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Little v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1894
- Menn v. StateWisconsin Supreme Court · 1907
18 more not listed; retrieve them via the Exa API.