Gardner v. Chicago & Milwaukee Electric Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tubnee, Circuit Judge. Action for personal injury. On July 11, 1914, at about 8 o’clock in the evening, as plaintiff alighted from one of defendants’ cars at the terminal on Grand avenue and Second street, on which she had been a passenger from Evanston, she claims her right foot sank into or was caught in the first step of the car from the platform in such a manner that she fell and was injured.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tubnee, Circuit Judge. Action for personal injury. On July 11, 1914, at about 8 o’clock in the evening, as plaintiff alighted from one of defendants’ cars at the terminal on Grand avenue and Second street, on which she had been a passenger from Evanston, she claims her right foot sank into or was caught in the first step of the car from the platform in such a manner that she fell and was injured. It was claimed by defendants that plaintiff fell from car No. 303 and that its steps were free from defects of any kind. The…
1Opinion of the Court
The following opinion was filed November 14, 1916:
ViNJE, J.
Plaintiff was about forty-six years of age, in good health, and carried only a light handbag at the time of her injury. She was the last passenger to alight. She testifies she stepped-from the platform with her right foot squarely on the first step, then as she raised her left foot and put it forward to step down to the next step she felt the heel •of her right foot sink in or catch in something and she fell. She says her foot did not slip.
"Q. What if you know caught the heel of your shoe in the manner in which you have described? A.…
2Cases cited1 opinion
- Coel v. Green Bay Traction Co.Wisconsin Supreme Court · 1911
3Cited by10 opinions
- Hunter v. School District of Gale-Ettrick-TrempealeauWisconsin Supreme Court · 1980
- Capps v. American Airlines, Inc.Arizona Supreme Court · 1956
- Fanelli v. Illinois Central Railroad CompanySupreme Court of Iowa · 1955
- Smith v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1945
- Ennis v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1930
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