Schiffler v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: R. N. Austin, Judge. Action for personal injury. The complaint alleges that the plaintiff is an infant under the age of twenty-one years,— at the time of the injuries complained of, of the age of seventeen years; that plaintiff entered one of defendant’s passenger trains at the city of Milwaukee for the purpose of taking-passage thereon to the station of Jackson, in this state; that he failed to get a ticket…
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Appeal from an order of the superior court of Milwaukee county: R. N. Austin, Judge. Action for personal injury. The complaint alleges that the plaintiff is an infant under the age of twenty-one years,— at the time of the injuries complained of, of the age of seventeen years; that plaintiff entered one of defendant’s passenger trains at the city of Milwaukee for the purpose of taking-passage thereon to the station of Jackson, in this state; that he failed to get a ticket before entering upon the train, because he Avas late at the train; that after the train was in motion the conductor of the…
1Opinion of the CourtNewhaN, J.
In order to state a cause of action against the defendant, the complaint must allege such facts as show that the defendant failed in the performance of some diity -which it owed to the plaintiff, and that such neglect of duty caused the plaintiff’s accident. It is claimed that, under the circumstances, the defendant owed to the plaintiff the duty to stop its train at Jackson, so as to permit him to alight there. But the plaintiff’s presence upon the train without a ticket, and in ignorance of the regulation which prevented it to stop at Jackson, was not through any fault or inadvertence of…
2Cases cited2 opinions
- Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Plott v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
3Cited by3 opinions
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Chicago & G. T. Ry. Co. v. HoffmanAppellate Court of Illinois · 1899
- Yazoo & M. V. R. v. WallsMississippi Supreme Court · 1915