Valin v. Milwaukee & Northern Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ooonto County. This action is prosecuted by Louis Valin, as administrator of the estate of Narcisse Craite, against the railroad company, defendant, to recover damages sustained by the killing of his intestate at a crossing of the railroad company by a passing locomotive and tender.
Read the full summary
APPEAL from the Circuit Court for Ooonto County. This action is prosecuted by Louis Valin, as administrator of the estate of Narcisse Craite, against the railroad company, defendant, to recover damages sustained by the killing of his intestate at a crossing of the railroad company by a passing locomotive and tender. The answer was a general denial of the negligence charged, and upon trial before a jury the circuit court directed a verdict for the defendant, and from the judgment entered on it the plaintiff appealed. The contention on the part of the plaintiff was that the cause, should have…
1Opinion of the CourtPiNNet, J.
The evidence of negligence on the part of the company, to say the least, was quite sufficient to require that the case should be submitted to the jury, unless the alleged negligence of the deceased contributing to his death was so clearly and conclusively proved as to justify the court in taking the case from the jury and directing a verdict for the defendant; and the vital question is whether, under the peculiar circumstances of the case, the alleged negligence of the deceased is one of fact for the jury or of law for the court.
The rule is well settled that, in order to justify the court in…
2Cases cited17 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Crites v. City of New RichmondWisconsin Supreme Court · 1897
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
- Promer v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
21 more not listed; retrieve them via the Exa API.