Bubb v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Osoae M. Eeitz, Circuit Judge. Personal injuries. The plaintiff, a laborer employed by a street contractor, was struck on the head by the corner of a street car as he was working in an excavation on the east side of the defendant’s track on Third street in the city of Milwaukee and seriously injured.
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Appeal from a judgment of the circuit court for Milwaukee county: Osoae M. Eeitz, Circuit Judge. Personal injuries. The plaintiff, a laborer employed by a street contractor, was struck on the head by the corner of a street car as he was working in an excavation on the east side of the defendant’s track on Third street in the city of Milwaukee and seriously injured. The defendant claimed no negligence on the part of the defendant was shown and that the plaintiff was guilty of contributory negligence. Third street runs north and south and the defendant maintains two tracks thereon, the easterly…
1Opinion of the CourtWiwsnow, C. J.
The trial court recognized the principle laid down in the case of Turtenwald v. Wis. Lakes I. & C. Co. 121 Wis. 65, 98 N. W. 948, to the effect that in determining the question of care in such a case as the present it is to be remembered that the situation of the man engaged in labor upon the public street is quite different from that of the traveler upon the street; a principle recently more fully treated in the case of Dinan v. Chicago & M. E. R. Co. 164 Wis. 295, 159 N. W. 944. In the latter case it is said that such a man must keep that lookout for cars and vehicles which an ordinarily…
2Cases cited2 opinions
- Dinan v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1916
- Turtenwald v. Wisconsin Lakes Ice & Cartage Co.Wisconsin Supreme Court · 1904
3Cited by5 opinions
- Zalewski v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1935
- Gunning v. KingWisconsin Supreme Court · 1946
- Miller v. Utah Light & Traction Co.Utah Supreme Court · 1939
- Jurkovic v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1917
- Yellick v. Milwaukee Northern Railway Co.Wisconsin Supreme Court · 1919