Sure v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. .Action for personal injuries. On tbe 27th day of February, 1908, plaintiff boarded one of defendant’s cars standing at tbe east end of tbe North Avenue line and became a passenger tbereon. Tbe car was soon to start upon its return trip. Tbe plaintiff was smoking and stood in tbe rear vestibule, as required by tbe rules of tbe company.
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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. .Action for personal injuries. On tbe 27th day of February, 1908, plaintiff boarded one of defendant’s cars standing at tbe east end of tbe North Avenue line and became a passenger tbereon. Tbe car was soon to start upon its return trip. Tbe plaintiff was smoking and stood in tbe rear vestibule, as required by tbe rules of tbe company. Tbe rear brake was set in order to bold tbe car in its position until it was ready to start, and tbe plaintiff stood very close to tbe handle thereof, which is a…
1Opinion of the CourtWinslow, C. J.
The brake in question and all the machinery connected with it seem to have been of approved pattern, in excellent condition, and were absolutely essential machinery for the proper operation of the car. So far as, appears in the case, it would not be possible to have a brake covered or so firmly fastened in position that a passenger could not release it if he deliberately endeavored to do so, and yet have it capable of instant release by an employee when the necessities of the service required. There are nu~ *4merous appliances of this nature connected with, the transportation' of passengers by…
2Cases cited5 opinions
- McDonough v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Krone v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1903
- McDonnell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Moore v. Woonsocket Street Railway Co.Supreme Court of Rhode Island · 1906
- McDonnell v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Anderson v. Northern Pacific Railway Co.Washington Supreme Court · 1915
- Airline Motor Coaches, Inc. v. CaverTexas Supreme Court · 1950
- Pennsylvania R.R. Co. v. CookCourt of Appeals of Maryland · 1942
- Giger v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1932
- Slaven v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1933
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