Geitz v. Milwaukee City Railway Co.
Wisconsin Supreme Court
.APPEAL from the Circuit Court for Milwaukee County. This action was brought to recover damages for personal injuries alleged to have been suffered by the plaintiff, by means of the negligence of the defendant company, when a passenger on one of its cars. The defendant owns and operates a street railway in the city of Milwaukee, the cars upon which are drawn by horses.
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.APPEAL from the Circuit Court for Milwaukee County. This action was brought to recover damages for personal injuries alleged to have been suffered by the plaintiff, by means of the negligence of the defendant company, when a passenger on one of its cars. The defendant owns and operates a street railway in the city of Milwaukee, the cars upon which are drawn by horses. A portion of this railway extends from Fifth street west, along Chestnut street, to Twenty-first street and beyond. It has two tracks, the inside rails of which are three feet three inches apart. The north track is used for…
1Opinion of the CourtLyon, J.
We doubt whether the jury should have found that the plaintiff was not warned by the emplees of the company of the danger in riding upon the inside foot-board of the car. The testimony is quite strong that special care was taken by the company to cause full warning of such danger to be given to all passengers upon its cars. Yet, in the view we have taken of this case, we do not think the judgment would necessarily be different had the jury found differently on this question. It is quite certain that there was some peril attendant upon riding in that place to which passengers seated in the car…
2Cited by16 opinions
- Powers v. City of BostonMassachusetts Supreme Judicial Court · 1891
- Pray v. Omaha Street Railway Co.Nebraska Supreme Court · 1895
- Seymour v. Citizens' Railway Co.Supreme Court of Missouri · 1893
- Cummings v. Worcester, Leicester, & Spencer Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Gardner v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
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