Legal Opinion

Tiborsky v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided February 21, 1905PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Washington county: James J. Dick, Circuit Judge. 'This is an action to recover damages for personal injuries sustained by the plaintiff by reason of having stumbled over a truck belonging to the defendant, and alleged to have been negligently and wrongfully left upon the public sidewalk in front of the defendant’s depot platform on the evening of December 23,-1902. The answer admits the allegations of the complaint to the…

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Appeal from a judgment of the circuit court for Washington county: James J. Dick, Circuit Judge. 'This is an action to recover damages for personal injuries sustained by the plaintiff by reason of having stumbled over a truck belonging to the defendant, and alleged to have been negligently and wrongfully left upon the public sidewalk in front of the defendant’s depot platform on the evening of December 23,-1902. The answer admits the allegations of the complaint to the effect that at the times therein mentioned the plaintiff was a resident of the city of Hartford, in this state, and…

1Opinion of the CourtCassoday, C. J.

In addition to tbe facts alleged in tbe complaint and expressly admitted in tbe answer, as indicated in tbe foregoing statement, there is evidence tending to prove that tbe platform on tbe east side of tbe depot extended to tbe sidewalk on tbe west side of tbe street; that such sidewalk was about five feet wide, and came up flush with tbe depot platform, and was of tbe same width and a continuation of tbe street sidewalk immediately north and south of it.. Passengers were in tbe habit of taking their baggage up to that sidewalk and shoving it onto tbe platform, where it would be received by…

2Cases cited16 opinions

  1. Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
  2. Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
  3. Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
  4. Kaples v. OrthWisconsin Supreme Court · 1884
  5. Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890

11 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
  2. Guse v. Power & Mining Machinery Co.Wisconsin Supreme Court · 1912
  3. Massey v. WorthSuperior Court of Delaware · 1938
  4. Zentner v. Oshkosh Gas Light Co.Wisconsin Supreme Court · 1905
  5. Roedler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1906

3 more not listed; retrieve them via the Exa API.

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