Delaney v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action to recover for injuries sustained by plaintiff, by reason of the alleged negligence of defendant’s employees.
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APPEAL from the Circuit Court for Dane County. Action to recover for injuries sustained by plaintiff, by reason of the alleged negligence of defendant’s employees. The complaint alleged that while plaintiff was passing over the railroad track of tbe defendant, at a street crossing in the city of Madison, an engine, owned and run by tbe company, was carelessly and negligently driven against and .over him, without any fault or negligence on his part, whereby he sustained severe and permanent injuries, making amputation of a limb necessary. At the trial, on application of the defendant, a view…
1Opinion of the Court
Cole, 3.
One of the main propositions relied on in support of the motion for a nonsuit, and which was embraced in the instructions asked on the part of the defendant, was to the effect that, inasmuch as the place where the plaintiff was injured was not a highway crossing, but the private grounds of the company, there could be no recovery unless the complaint alleged and the proof showed that the agents of the defendant were guilty of gross negligence in the running and management of the locomotive engine and tender. As applied to the facts established by the evidence, we think this proposition…
2Cases cited2 opinions
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Achtenhagen v. City of WatertownWisconsin Supreme Court · 1864
3Cited by23 opinions
- Holmes v. South Pacific Coast RailwayCalifornia Supreme Court · 1893
- Davis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Roth v. Union Depot Co.Washington Supreme Court · 1896
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- Cross v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
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