Butler v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Roclc County. Action, under tbe statute, to recover for injuries inflicted upon tbe plaintiff’s intestate, causing bis death. In tbe village of Milton is ajarge, level square, open at tbe time of tbe accident, bounded on all sides by public streets.
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APPEAL from tbe Circuit Court for Roclc County. Action, under tbe statute, to recover for injuries inflicted upon tbe plaintiff’s intestate, causing bis death. In tbe village of Milton is ajarge, level square, open at tbe time of tbe accident, bounded on all sides by public streets. Tbe defendant’s railroad runs across tbe middle of tbis square, in a line nearly east and west; and tbe distance across tbe square, including tbe width of the streets on tbe east and west sides, is about 586 feet. Tbe depot stands upon tbis square, near its east side, and south of tbe track. Tbe principal stores…
1Opinion of the CourtDixosr, C. J.
This is one of those actions, now so frequent, for injuries caused by negligence, in which the principal questions are, whether there was any evidence of negligence on the part of the defendant to go to the jury, and whether the evidence also showed that the party injured was free from fault, or did not contribute by his own want of care to the injury complained of. The difficulties presented by these questions have been often experienced by the courts. “ I cannot help feeling ” says Bkett, J., in Smith v. L. & S. W. Railway Co., L. R., 5 C. P., 102. “that great difficulty is thrown upon the *493j…
2Cases cited5 opinions
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
- Brown v. . N.Y.C.R.R.New York Court of Appeals · 1865
- Chicago & Northwestern Railway Co. v. SweeneyIllinois Supreme Court · 1869
- Rothe v. Milwaukee & St. Paul RailroadWisconsin Supreme Court · 1866
- Goodale v. Worcester Agricultural SocietyMassachusetts Supreme Judicial Court · 1869
3Cited by21 opinions
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- O'Connor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Ferguson v. Wisconsin Central RailroadWisconsin Supreme Court · 1884
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