Roedler v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of-the circuit court for Eoud du Lac county: ChesteR A. Eoivlee, Circuit Judge. This is an action to recover damages for personal injuries •sustained by the plaintiff on the evening of January 31, 1903, by being struck by the defendant’s train while on the sidewalk on the north side of Western avenue and while crossing or about to cross the defendant’s railway track.
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Appeal from a judgment of-the circuit court for Eoud du Lac county: ChesteR A. Eoivlee, Circuit Judge. This is an action to recover damages for personal injuries •sustained by the plaintiff on the evening of January 31, 1903, by being struck by the defendant’s train while on the sidewalk on the north side of Western avenue and while crossing or about to cross the defendant’s railway track. The complaint is in the usual form in such cases, alleging the giving of the requisite notice January 29, 1904. The defendant answered by way of admissions and denials. At the close of the trial the jury…
1Opinion of the Court
Cassoday, O. T.
1. The complaint alleges that the defendant negligently and carelessly omitted, while its train of cars Was approaching and crossing Western avenue at a high and dangerous rate of speed, to ring the bell and blow the whistle as required by the statutes. Secs. 1809, 4392, Stats. 1898. The court charged the jury to the effect that the burden was on the plaintiff to establish such want of ordinary care by a preponderance of the evidence; and then charged them that there was no evidence in the case from which it could be in*273ferred that the train was being run over the crossing…
2Cases cited12 opinions
- Hanlon v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
- Steinhofel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1886
- Renne v. United States Leather Co.Wisconsin Supreme Court · 1900
- Bading v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wilson v. Puget Sound Electric RailwayWashington Supreme Court · 1909
- Rohloff v. Aid Ass'n for LutheransWisconsin Supreme Court · 1906
- Richter v. Dahlman & Inbush Co.Wisconsin Supreme Court · 1922
- Nelson v. A. H. Stange Co.Wisconsin Supreme Court · 1909
- Wade v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.