Jay v. Northern Pacific Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: Gr. N. RisjoRD, Circuit Judge.. This is an action brought to recover damages for personal injury. In June, 1913, the plaintiff was engaged with a crew of men in loading cedar at Muskeg, a station on the defendant’s line of road, not within the limits of an incorporated city or village, but having a depot and depot platform for the use of passengers and for receiving and delivering freight.
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Appeal from a judgment of the circuit court for Bayfield county: Gr. N. RisjoRD, Circuit Judge.. This is an action brought to recover damages for personal injury. In June, 1913, the plaintiff was engaged with a crew of men in loading cedar at Muskeg, a station on the defendant’s line of road, not within the limits of an incorporated city or village, but having a depot and depot platform for the use of passengers and for receiving and delivering freight. The complaint sets forth that at the westerly end of the depot grounds and to the west of defendant’s station there was a public highway…
1Opinion of the CourtBabNes, J.
The plaintiff was clearly a licensee who had the right to cross over the tracks of the defendant while doing his work. The trial court held that he was guilty of contributory negligence as a matter of law. The appellant argues that a jury question was presented by the evidence on the issue of such negligence, and that, whether there was or not, the court erred in directing a verdict, because contributory negligence was no defense to the action.
It is entirely clear under our decisions that the court was right in holding that on the undisputed testimony there was *461no jury question on…
2Cases cited15 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Denton v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1913
- Williams v. Chicago & Alton RailroadIllinois Supreme Court · 1891
- Toomey v. Southern Pacific RailroadCalifornia Supreme Court · 1890
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3Cited by1 opinion
- Gordon v. Illinois Central RailroadWisconsin Supreme Court · 1918