Legal Opinion

Eastwood v. La Crosse City Railway Co.

Wisconsin Supreme Court

Decided October 13, 1896PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. Personal injuries. The plaintiff was riding in a bobsleigh drawn by two horses, along a street in the city of La Crosse on the morning of February 14, 1894, when a collision occurred between the sleigh and an electric car operated by defendant, throwing the plaintiff out and injuring her.

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Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. Personal injuries. The plaintiff was riding in a bobsleigh drawn by two horses, along a street in the city of La Crosse on the morning of February 14, 1894, when a collision occurred between the sleigh and an electric car operated by defendant, throwing the plaintiff out and injuring her. The accident occurred on Fifth street, wbicb runs north and south, and in the center of which is a single street-car track, upon which the defendant runs trolley cars. The plaintiff, with her brother and sister, had…

1Opinion of the CourtWinslow, J.

The only negligence claimed by the plaintiff is that the motorman did not put on the brakes and slacken the speed of his car soon enough. Unless it is the duty of the motorman to slacken his speed and stop his car at the moment a horse upon the street within the range of his vision begins to show signs of uneasiness, this claim of negligence cannot be sustained. Such is not a motorman’s duty. The street-railway service is for the benefit of the entire public, and it cannot fulfill its legitimate purpose unless it is operated with some degree of celerity. To demand that a car must be slowed up…

2Cases cited1 opinion

  1. Bishop v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896

3Cited by10 opinions

  1. Flaherty v. HarrisonWisconsin Supreme Court · 1898
  2. Radej v. StateWisconsin Supreme Court · 1913
  3. Wilson v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1904
  4. Holdridge v. MendenhallWisconsin Supreme Court · 1900
  5. Dong Chong v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1904

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