Beery v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Action to recover damages for personal injuries, alleged to have been caused by defendant’s negligence. The facts will sufficiently appear from the opinion. The jury found a special verdict to the effect that the defendant was not guilty of any negligence with respect to the condition of the engine in question.
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APPEAL from the Circuit Court for Sauk County. Action to recover damages for personal injuries, alleged to have been caused by defendant’s negligence. The facts will sufficiently appear from the opinion. The jury found a special verdict to the effect that the defendant was not guilty of any negligence with respect to the condition of the engine in question. A motion for a new trial was denied, and from the judgment entered on the verdict-in favor of the defendant the plaintiff appeals.
1Opinion of the CourtCole, C. J.
This is an action to recover damages for injuries sustained by the plaintiff while a passenger upon a freight train on the defendant’s road. While riding on the freight train between Eeedsburg and La Valle the plaintiff, who was in the-caboose, discovered that the engine was pounding and tearing up the track, and saw that the cars were jumping and moving in an unusual manner, saw the conductor, who was at the -time on top of the train, get down and jump off, and, judging from appearances that there would be a general wreck of the train, deemed it safe to jump from the train, and avoid being…
2Cited by4 opinions
- Pelitier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
- Ziegler v. Hustisford Farmers' Mutual InsuranceWisconsin Supreme Court · 1941
- Hendrickson v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
- Baltzer v. Chicago, Madison & Northern RailroadWisconsin Supreme Court · 1892