Wickham v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge.' This is an action to recover for the death of the plaintiff’s decedent, James M. Spencer, a boy between nine and ten years old. He was struck and instantly killed by the defendant’s passenger train. It was within the city of Milwaukee, and near the defendant’s passenger station of Bay Yiew. It was also near the point where the defendant’s tracks cross Potter avenue.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge.' This is an action to recover for the death of the plaintiff’s decedent, James M. Spencer, a boy between nine and ten years old. He was struck and instantly killed by the defendant’s passenger train. It was within the city of Milwaukee, and near the defendant’s passenger station of Bay Yiew. It was also near the point where the defendant’s tracks cross Potter avenue. The tracks are here unfenced. The public had been accustomed to use the defendant’s roadbed for passing and repassing between Potter…
1Opinion of the CourtNewmah, J.
It is urged for the appellant that the evidence produced on his behalf was sufficient to require the *25submission of tbe case to the jury. ' It is claimed that the evidence sufficiently establishes the negligence of the defendant in four several particulars: (1) It failed to give the customary signals of the approach of its passenger train; (2) the employees on the train failed to keep a proper lookout; (8) the train was run at an unusual and dangerous rate of speed; and (4) the road was unfenced. It must be conceded that, if there was evidence sufficient to support a verdict for the plaintiff…
2Cases cited11 opinions
- Pennoyer v. AllenWisconsin Supreme Court · 1883
- Draper v. BakerWisconsin Supreme Court · 1884
- Hinton v. Cream City RailroadWisconsin Supreme Court · 1886
- Ralph v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Bremmer v. Green Bay, Stevens Point & Northern RailroadWisconsin Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Zenner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1935
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Mackerall v. Omaha & St. Louis RailroadSupreme Court of Iowa · 1900
- Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.