Cahoon v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Action for personal injuries. The unincorporated hamlet of Lyons lies on the north side of the Baraboo river, in Sauk county, about one and one-fourth miles west of Bara-boo. It has four streets running due north and south, named respectively, beginning at the east, Cedar, Walnut, Mulberry, and Pine, the intervening blocks being about 400 feet in length.
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APPEAL from the Circuit Court for Sauk County. Action for personal injuries. The unincorporated hamlet of Lyons lies on the north side of the Baraboo river, in Sauk county, about one and one-fourth miles west of Bara-boo. It has four streets running due north and south, named respectively, beginning at the east, Cedar, Walnut, Mulberry, and Pine, the intervening blocks being about 400 feet in length. The defendant’s railway traverses the village east and west, and crosses all of these streets at right angles, but has no depot or switches in the village. On the south side of and adjoining the…
1Opinion of the CourtWiNslow, J.
The whistling of the engine was not negligence; on the contrary, it was required by the statute. R. S. sec. 1809. The village of Lyons being unincorporated, the whistle must be blown eighty rods before crossing each of the streets which cross the track. The place where the engine first began to whistle was at or very near the whistling post for Walnut street, and the place where the last whistle was sounded was at or very near the whistling post for Cedar street. The statute absolutely requiring whis*572tling to be done at these points, negligence cannot be predicated thereon.
As to the alleged…
2Cases cited1 opinion
- Abbot v. KalbusWisconsin Supreme Court · 1889
3Cited by13 opinions
- Eichman v. BuchheitWisconsin Supreme Court · 1906
- Walters v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Brown v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1901
- Bishop v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
- Dewey v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
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