Fay v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Polk county: A. J. Viitje, Circuit Judge. This is an action to recover for personal injuries suffered by the plaintiff by reason of being thrown from his buggy. The evidence disclosed the following facts: Keller avenue is the main highway in the village of Amery, Polk county, and runs north and south. The defendant’s railroad crosses the highway at right angles.
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Appeal from a judgment of the circuit court for Polk county: A. J. Viitje, Circuit Judge. This is an action to recover for personal injuries suffered by the plaintiff by reason of being thrown from his buggy. The evidence disclosed the following facts: Keller avenue is the main highway in the village of Amery, Polk county, and runs north and south. The defendant’s railroad crosses the highway at right angles. At the point of crossing the highway is thirty-two feet in width and planked for its entire width. The defendant’s station and yards are just east of the highway. At about 7 o’clock p.…
1Opinion of the Court
Wiiíslow, J.
A number of errors are assigned, but they all involve the same proposition, namely, that a verdict for the defendant should have been directed because (1) the horse was frightened at one of the usual noises arising in the *641course of tlie operation of a railway, and (2) because.the plaintiff was guilty of contributory negligence in attempting to cross in front of the engine. Neither contention can be sustained. The negligence alleged in the complaint was that the engine was left in the highway for an unreasonable length of time while under a full head of steam, and the jury found…
2Cases cited4 opinions
- Bussian v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Cahoon v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1893
- Heer v. Warren-Scharf Asphalt Paving Co.Wisconsin Supreme Court · 1903
- Crowley v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1904
3Cited by5 opinions
- McLaughlin v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1966
- McLaughlin v. CHICAGO, M., ST. P. & PR CO.Wisconsin Supreme Court · 1966
- Depow v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- L.A. S.L.R. Co. v. LytleNevada Supreme Court · 1935
- Look v. JohnsonWisconsin Supreme Court · 1916