Eilert v. Green Bay & Minnesota Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jackson County. The plaintiff was driving his team and wagon in a public highway crossing the railway track of the defendant company in Clark county, and, as he was crossing the track, collided with a passing train. He received severe personal inj uries, his horses were killed, and his wagon was broken by the collision. This action was to recover damages therefor.
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APPEAL from the Circuit Court for Jackson County. The plaintiff was driving his team and wagon in a public highway crossing the railway track of the defendant company in Clark county, and, as he was crossing the track, collided with a passing train. He received severe personal inj uries, his horses were killed, and his wagon was broken by the collision. This action was to recover damages therefor. The complaint states the particular circumstances of the accident, and avers due care to avoid it on the part of the plaintiff, and the negligence of the defendant. The answer is a general denial,…
1Opinion of the Court
Lyok, J".
We think the special findings are not inconsistent with each other, or with the general verdict for the plaintiff. One of those findings negatives any want of ordinary care on the part of the plaintiff in driving his team so near the railway track as he did, without stopping to listen for the coming train. The jury also found specially that the bell was not rung and the whistle blown on the engine at the usual place before reaching the highway crossing where the collision occurred, and that the failure to do so> was the cause of the injuries complained of. There is no special finding…
2Cases cited1 opinion
- Urbanek v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
3Cited by17 opinions
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
- Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
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