Roberts v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge County. Action for injuries to plaintiff’s person, alleged to have been caused by the negligence of defendant in running its cars, and in the improper construction of a railroad crossing upon a highway leading out from the city of Watertown.
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APPEAL from the Circuit Court for Bodge County. Action for injuries to plaintiff’s person, alleged to have been caused by the negligence of defendant in running its cars, and in the improper construction of a railroad crossing upon a highway leading out from the city of Watertown. The locus in quo was the same, and the circumstances of the injury were very similar to those in Duffy v. The Chicago & Northwestern Railioay Company, reported in 82 Wis., 269. One witness, John P. Slight, sworn in behalf of the plaintiff, testified substantially as follows: “ I have known the Oak Grove road for…
1Opinion of the CourtCole, J.
The counsel for the defendant company made a vigorous effort to taire this case out of the ruling of this court in Duffy v. The Chicago & Northwestern Railway Co., 32 Wis., 269, and to show that the decision there made was inapplicable to the case at bar. He contended that the decision in that cause was made under an erroneous impression of the facts, and a mistake as to the situation of the railway crossing across the highway at the place where the injury both in that case and in this was sustained. We think, however, that the condition of the crossing, the situation of the highway and…
2Cases cited1 opinion
- Duffy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
3Cited by13 opinions
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Murray v. BuellWisconsin Supreme Court · 1889
- Board of Supervisors v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1916
- Winstanley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
- Evansville & Terre Haute Railroad v. CarvenerIndiana Supreme Court · 1887
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