Hotchkiss v. Green Bay & Western Railroad
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Trempea-leau county: E. 0. Higbee, Circuit Judge. Action to recover damages for the death of John Wainorek, a child six years of age, who was run over by defendant’s gravel train, under circumstances stated in the opinion.
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Appeal from a judgment of tbe circuit court for Trempea-leau county: E. 0. Higbee, Circuit Judge. Action to recover damages for the death of John Wainorek, a child six years of age, who was run over by defendant’s gravel train, under circumstances stated in the opinion. The jury found (1) that there was a section of a board broken out of the gate of the fence on the south side of defendant’s right of way at the point in question at the time of the accident; (2) that it had been broken out of the gate a sufficient length of time to have enabled the defendant in the exercise of ordinary care to…
1Opinion of the CourtVinje, J.
Counsel for plaintiff state in their brief that “the sole question submitted to the court is, Was there any evidence to sustain the findings of the jury that either the plaintiff’s intestate, John Wainorek, or his parents, were wanting in any ordinary care that contributed to the death of plaintiff’s intestate ?” This is no doubt an interesting question under the evidence in the case, but before it can be reached by the court the defendant’s negligence must be established to be the proximate cause of the death of John Wainorek. For if there was no negligence on the part of the defendant, or…
2Cases cited7 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Collins v. City of JanesvilleWisconsin Supreme Court · 1898
- Houg v. Girard Lumber Co.Wisconsin Supreme Court · 1911
- Marcott v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Kaszubowski v. Johnson Service Co.Wisconsin Supreme Court · 1912
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3Cited by1 opinion
- Zurich General Accident & Liability Insurance v. BowersWisconsin Supreme Court · 1920