Wendorf v. Director General of Railroads
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Walter Schinz, Circuit Judge. This, action was brought by the guardian ad litem of plaintiff to recover damages for personal injuries sustained by plaintiff, which injuries, it is claimed, were due to negligence of the defendant.
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Appeal from a judgment of the circuit court for Milwaukee county: Walter Schinz, Circuit Judge. This, action was brought by the guardian ad litem of plaintiff to recover damages for personal injuries sustained by plaintiff, which injuries, it is claimed, were due to negligence of the defendant. The plaintiff, 'a boy nine years of age, was. thrown from a freight car upon which he had climbed while the car was not in motion, the accident occurring when the' car was1 put in motion. Plaintiff alleges that the car was started, with such violence that he was thrown down and under the car and…
1Opinion of the CourtSiebecker, C. J.
The trial court held that it is undis-putably established by the evidence that plaintiff at the time of injury was a trespasser on. defendant’s freight train and that defendant was not guilty of any want of ordinary care proximately causing plaintiff’s injury. There is no dispute but that the railroad right of' way at' the place in controversy was used by a large number of pedestrians from Hopkins road to go to and from the manufacturing plants north-of this-road, and that plaintiff and his-companions at the time, in question entered upon the railroad right of" way ■ at, Hopkins road to-…
2Cases cited3 opinions
- Anderson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
- Carmer v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Vaillant v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916
3Cited by7 opinions
- Bonniwell v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1921
- Coffey v. Oscar Mayer & Co.Wisconsin Supreme Court · 1948
- Shea v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1943
- Berndl v. Director General of RailroadsWisconsin Supreme Court · 1922
- Braderman v. Baltimore & Philadelphia RailroadSuperior Court of Delaware · 1926
2 more not listed; retrieve them via the Exa API.