Luebben v. Wisconsin Traction, Light, Heat & Power Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. RyaN, Judge. Action to recover damages for tbe death of B. F. Luebben, alleged to bave been caused by tbe negligence of tbe defendant in failing to keep in repair its street-car track in tbe city of Appleton. Tbe deceased was a conductor in tbe employ of tbe defendant, on wbat is called an open car having no aisles in tbe center.
Read the full summary
Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. RyaN, Judge. Action to recover damages for tbe death of B. F. Luebben, alleged to bave been caused by tbe negligence of tbe defendant in failing to keep in repair its street-car track in tbe city of Appleton. Tbe deceased was a conductor in tbe employ of tbe defendant, on wbat is called an open car having no aisles in tbe center. Tbe conductor collected tbe fares standing on a running board about nine inches wide, sloping slightly outwards and extending from one end of tbe car to tbe other about half way between tbe…
1Dissent 1
Tbe following opinion was filed Maj 1, 1913:
2Dissent · TimliNTimliN, J.
I agree that the actionable negligence of the defendant is established by the evidence and by the verdict'; that the .evidence and the verdict establish that there was no contributory negligence on the part of deceased; and that the defect in the 'track which caused the death was, “kind of bole there and the rails didn’t come together. About an inch or an inch and a half of the rails were loose. There was a give to the rails, that is where the rails were fastened there was a give. . . . There was a bole there, and every time we went over there when…
3Cases cited50 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Houston East & West Texas Railway Co. v. De WaltTexas Supreme Court · 1902
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
45 more not listed; retrieve them via the Exa API.