Depouw v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto county: W. B. QuietlaN, Circuit Judge. Action for personal injuries. The jury returned the following special verdict: “(1) Is the condition of plaintiffs heart the result of the collision, on March 4, 1910, by his team, which he was driving, colliding with a flat car left by the defendant standing on its track across one of the highways in the city of Oconto ? A. Yes.
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Appeal from a judgment of the circuit court for Oconto county: W. B. QuietlaN, Circuit Judge. Action for personal injuries. The jury returned the following special verdict: “(1) Is the condition of plaintiffs heart the result of the collision, on March 4, 1910, by his team, which he was driving, colliding with a flat car left by the defendant standing on its track across one of the highways in the city of Oconto ? A. Yes. “(2) Was tbe defendant negligent in permitting said car to be standing across said highway as it was at the time of the said collision? A. Yes. “(3) If your answer to the…
1DissentViNje, J.
To my mind the evidence shows the plaintiff was guilty of contributory-negligence as a matter of law in failing to look either north or south, or ahead, after having looked when be was 200 feet from the crossing, and when be saw the light of what be thought was an engine behind the shed that obstructed bis view. Had be looked to the south at any time within sixty feet of the crossing be could have seen the engine standing only seventy-five feet away and beaded south, with the headlight and blizzard lights burning. lie himself says if be bad so seen the engine *619be would have supposed cars were…
2Cases cited3 opinions
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Hains v. JohnsonWisconsin Supreme Court · 1913
- O'Toole v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1913