Hoye v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The case is thus stated by Mr. Justice Cassoday: “July 16, 1883, between 10 and 11 p. m. the plaintiff’s intestate, Mrs. Hoye, was found dead in Buffalo street, in Milwaukee, tinder car No. 8,122 of a freight • .train .standing upon the defendant’s track No. 10. This action is to recover the damages thereby sustained.
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APPEAL from the Circuit Court for Milwaukee County. The case is thus stated by Mr. Justice Cassoday: “July 16, 1883, between 10 and 11 p. m. the plaintiff’s intestate, Mrs. Hoye, was found dead in Buffalo street, in Milwaukee, tinder car No. 8,122 of a freight • .train .standing upon the defendant’s track No. 10. This action is to recover the damages thereby sustained. A trial was had in the county court for Milwaukee county, and, at the close thereof, the plaintiff was nonsuited, and the judgment entered thereon was reversed by this court. 62 "Wis. 666. The cause was then removed to the…
1Opinion of the CourtCassodat, J.
As stated on the former appeal, “the theory of the defense” was, and it still is, “that the train backed np until the front end of the fifth car from the rear was at or near the north line of the sidewalk in question, when it stopped to uncouple the rear four cars; and that while standing in that position the deceased came along’ on the sidewalk from Yan Burén street to the place where the train was standing, and then undertook to pass through under the draw-bar between the front end of the fifth car and the one ahead of it, and while in the act of so doing the train started south, and she…
2Cases cited17 opinions
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Kaples v. OrthWisconsin Supreme Court · 1884
12 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
- Winstanley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
- Thompson v. Johnston Bros.Wisconsin Supreme Court · 1893
- Lind v. Uniform Stave & Package Co.Wisconsin Supreme Court · 1909
15 more not listed; retrieve them via the Exa API.