Legal Opinion

Rohde v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided November 7, 1893PublishedCited by 11 opinions

APPEAL from-the Superior Court of Milwaukee County. This is an appeal from an order overruling a general demurrer to the plaintiff’s complaint.

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APPEAL from-the Superior Court of Milwaukee County. This is an appeal from an order overruling a general demurrer to the plaintiff’s complaint. The complaint, after alleging the corporate character of defendant, and that it operated a railway in the city of Milwaukee, certain tracks of which cross a public highway called “ Oakland Avenue,” in said city, continues as follows: “That said crossing, as the defendant, its agents, servants, and employees well knew, was at and for some time prior to the times herein mentioned a dangerous crossing; that by reason thereof said defendant, its agents,…

1Opinion of the Court

Winslow. J.

In support of the demurrer, it is argued that the complaint does not show that the negligence mentioned, i. e. the failure to lower the gates, was the cause of the accident. There is certainly much force in the argument. The complaint is far from being a model. It does not set forth that direct, logical sequence of events by which it would appear that the accident was the result of the negligence charged, as clearly as could be desired. We think, however, that, by a fair construction of the complaint, its substance is as follows: That the crossing was a dangerous one; that the…

2Cases cited1 opinion

  1. Evans v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1891

3Cited by11 opinions

  1. White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Headley v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
  3. Gundlach v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1920
  4. Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
  5. Moyer v. City of OshkoshWisconsin Supreme Court · 1913

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