Spencer v. Milwaukee & Prairie du Chien Railroad
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. The plaintiff, while riding as a passenger in one of the defendant’s cars, over a bridge on its road, had his arm broken. This action was brought to recover for the injury, on the ground that it was caused by the defendant’s negligence.
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APPEAL from tbe Circuit Court for Dane County. The plaintiff, while riding as a passenger in one of the defendant’s cars, over a bridge on its road, had his arm broken. This action was brought to recover for the injury, on the ground that it was caused by the defendant’s negligence. The answer denied the injury and the negligence averred in the complaint; and also alleged that such injury, if any, was caused by the plaintiff’s negligence in riding with his arm projecting from a window of the car. On the trial, the evidence tended to show that the space between the car and the inside of the…
1Opinion of the Court
By the Court,
Cole, J.
The important question in this case is, whether the circuit court erred in refusing to instruct the jury, as a matter of law, that if they should find from the evidence that the plaintiff was sitting in the car with his arm exposed outside, and received the injury complained of by reason of his arm being so exposed outside of the car, then their verdict must be for the defendant. The court had told the jury, in the general charge, that railroad companies were held to extraordinary diligence and care in the transportation of passen*493gers, and were liable for any injuries…
2Cited by15 opinions
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
- Johnson v. B. & O. R. R.West Virginia Supreme Court · 1885
- Dahlberg v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1884
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