Bass v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The complaint averred, in substance, that on June 4, 1872, the plaintiff was received into one of the defendant’s passenger trains at Fond du Lac, to he conveyed as a passenger from that city to Appleton for the sum of $1.45, which was paid ; that there was no room in the passenger cars, except the rear car, and plaintiff was compelled to take passage in the rear car, or in the smoking car, which was offensive; that after…
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APPEAL from the Circuit Court for Outagamie County. The complaint averred, in substance, that on June 4, 1872, the plaintiff was received into one of the defendant’s passenger trains at Fond du Lac, to he conveyed as a passenger from that city to Appleton for the sum of $1.45, which was paid ; that there was no room in the passenger cars, except the rear car, and plaintiff was compelled to take passage in the rear car, or in the smoking car, which was offensive; that after riding in the smoking car to Oshkosh, he entered the rear car while the same was crossing the bridge over Eox River at…
1Opinion of the CourtRyan, C. J.
The learned judge of the court below charged the jury that the appellant’s regulation, setting apart a car in each passenger train primarily for the separate use of women and men traveling with them, is a reasonable one. He did not submit the question to the jury, and both parties appear to have assented to the instruction.
The general rule to be found in the books is, that the reasonableness of such regulations is a mixed question of law and fact, to be submitted to the jury under proper directions. 1 Redfield on Railways, 88. And at least one court, pointing the distinction between by-laws…
2Cases cited9 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Baltimore & Ohio Railroad v. BlocherCourt of Appeals of Maryland · 1867
- Chicago, Burlington & Quincy Railroad v. ParksIllinois Supreme Court · 1857
- Chamberlain v. ChandlerU.S. Circuit Court for the District of Massachusetts · 1823
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Cincinnati, Hamilton & Indianapolis Railroad v. CarperIndiana Supreme Court · 1887
31 more not listed; retrieve them via the Exa API.