Cottrill v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action for an injury to the plaintiff’s intestate resulting in his death, alleged to have been caused by defendant’s negligence. ■ At the time of the accident, the deceased was a locomotive engineer in defendant’s employ, and was engaged in operating a switch-engine in defendant’s yards at the city of Milwaukee; and the injury was caused by a collision between the said engine and a train on defendant’s road.
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APPEAL from the County Court of Milwaukee County. Action for an injury to the plaintiff’s intestate resulting in his death, alleged to have been caused by defendant’s negligence. ■ At the time of the accident, the deceased was a locomotive engineer in defendant’s employ, and was engaged in operating a switch-engine in defendant’s yards at the city of Milwaukee; and the injury was caused by a collision between the said engine and a train on defendant’s road. The complaint alleges that about eight or nine o’clock on the evening of a certain day, the deceased had made up a train of about thirty…
1Opinion of the Court
Oetoít, J.
The jury found that the carelessness of the employees of the defendant materially contributed to tlie injury of the plaintiff; and therefore the following findings relating to the carelessness of the plaintiff need only be considered in determining the correctness or incorrectness of the judgment:
“ Did the carelessness of Cottrill, deceased, materially contribute to the result complained of?” “ Yes.”
“ Could Cottrill, after seeing the signal to stop, and reversing his engine, in the exercise of ordinary care and prudence, have gotten off from his locomotive before the collision? ”…
2Cases cited1 opinion
- Rood v. American Express Co.Wisconsin Supreme Court · 1879
3Cited by17 opinions
- Harris v. Township of ClintonMichigan Supreme Court · 1887
- Liming v. Illinois Central RailroadSupreme Court of Iowa · 1890
- Maryland Steel Co. v. MarneyCourt of Appeals of Maryland · 1898
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Saylor v. ParsonsSupreme Court of Iowa · 1904
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