Tolleman v. Sheboygan Light, Power & Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sheboy-gan county; Michael KiewaN, Circuit Judge. On tbe evening of December 24,1909, tbe plaintiff as a passenger boarded one of tbe interurban cars of the defendant railway company. Tbe car was filled to its capacity and tbe rear vestibule was crowded and plaintiff stood upon a .step witbin tbe vestibule.
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Appeal from a judgment of tbe circuit court for Sheboy-gan county; Michael KiewaN, Circuit Judge. On tbe evening of December 24,1909, tbe plaintiff as a passenger boarded one of tbe interurban cars of the defendant railway company. Tbe car was filled to its capacity and tbe rear vestibule was crowded and plaintiff stood upon a .step witbin tbe vestibule. After riding some distance, tbe swaying of tbe crowd against tbe plaintiff, caused by tbe swinging-motion of tbe car, forced plaintiff outward so that be collided with a trolley pole r;t tbe side of tbe track and was thrown to tbe ground.…
1Opinion of the CourtBarnes, J.
The complaint charged that the defendant was negligent in not supplying sufficient seating capacity, in consequence of which plaintiff was obliged to stand on the step of the rear platform of the car; that defendant was negligent in placing the poles which supported the trolley wires too close to the track; and that plaintiff was pushed outward by the crowd on the rear platform swaying against him, owing to the motion of the car, and was injured hy coming in contact with one of the trolley poles. The jury found that the defendant was negligent in placing the trolley pole as close to the track…
2Cases cited3 opinions
- Odegard v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1907
- Jackson v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1894
- Miller v. Kenosha Electric Railway Co.Wisconsin Supreme Court · 1908
3Cited by2 opinions
- Cook v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1953
- Pennell v. Rumely Products Co.Wisconsin Supreme Court · 1914