Schmolze v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. The defendant company appeals from a judgment against it for $4,000 and costs, recovered by plaintiff in an action for personal'injuries alleged to have been caused by the negligence of the servants of the company in operating one of its locomotives on its railroad at a point on the Wisconsin Yalley division thereof, in Oneida county, known as Harsh aw.
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APPEAL from the Circuit Court for Lincoln County. The defendant company appeals from a judgment against it for $4,000 and costs, recovered by plaintiff in an action for personal'injuries alleged to have been caused by the negligence of the servants of the company in operating one of its locomotives on its railroad at a point on the Wisconsin Yalley division thereof, in Oneida county, known as Harsh aw. At that point there is a sawmill and lumber yard, a store and hotel, all owned and carried on by the firm of Norway & Wiley, together with a few dwelling houses occupied by employees of the…
1Opinion of the Court
The following opinion was filed November 15, 1892:
Lyon, C. J.
We cannot uphold the judgment of the circuit court from which this appeal is taken. The testimony of the plaintiff proves conclusively that he was guilty of negligence which contributed directly to the injury of which he complains. The sawmill was running when plaintiff started for the store, and continued to run until *663be was injured. The noise made by it interfered, or was liable to interfere, with bis bearing an approaching train. This fact increased bis obligation to make use of bis eyes when be went upon the track, and while on…
2Cases cited10 opinions
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
- Winstanley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
- Delaney v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1873
- Rothe v. Milwaukee & St. Paul RailroadWisconsin Supreme Court · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bielski v. SchulzeWisconsin Supreme Court · 1962
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Omaha & Republican Valley Railway Co. v. TalbotNebraska Supreme Court · 1896
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.