Whalen v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marinette County. The plaintiff, a minor, brought this action, by his guardian ad litem, to recover damages fcr personal, injuries received by him while walking upon one of the tracks of the defendant company, on its depot grounds at Marinette, on the evening of August 31, 1888, caused by his being run against by a car of the defendant moving on such track. He alleges the negligence of the defendant as the ground of his action.
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APPEAL from the Circuit Court for Marinette County. The plaintiff, a minor, brought this action, by his guardian ad litem, to recover damages fcr personal, injuries received by him while walking upon one of the tracks of the defendant company, on its depot grounds at Marinette, on the evening of August 31, 1888, caused by his being run against by a car of the defendant moving on such track. He alleges the negligence of the defendant as the ground of his action. Some description of such depot grounds and the tracks thereon is essential to an understanding of the case. The main track of the…
1Opinion of the CourtLyox, J.
I. On the subject of the negligence of the defendant company the learned circuit judge instructed the jury as follows: “Parties managing moving trains must provide a careful lookout in the direction that the train is moving, in places where people, and especially children, are liable to be upon the track. When a train is being drawn by a locomotive, there is always a lookout and means of giving notice and warning to travelers on the track or in *660places of danger of the approach of the train. When a train is being backed, then the train is in such a condition or in such a position that other…
2Cases cited3 opinions
- Davis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Hogan v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1883
3Cited by17 opinions
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Teakle v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Cahill v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1896
- Schleiger v. Northern Terminal Co.Oregon Supreme Court · 1903
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