Clemons v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Olaire county: Jaices O’Neill, Circuit Judge. Action to recover damages for death of the intestate,, claimed to have been caused by actionable negligence of defendant.
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Appeal from a judgment of the circuit court for Eau Olaire county: Jaices O’Neill, Circuit Judge. Action to recover damages for death of the intestate,, claimed to have been caused by actionable negligence of defendant. Plaintiff’s claim was that the deceased, a boy of fourteen years of age, while in the exercise of ordinary care, riding in .a cutter with his sister, a school teacher, whom he was taking to her school, the cutter being drawn by a single, gentle horse, journeying on the highway which crossed defendant’s track, was, as he entered upon the track, run into by one of defendant’s…
1Opinion of the CourtMaeshall, J.
The first matter .presented is: Did the court err in changing the answer of the jury to the first question from the negative to the affirmative ? We pass that as immaterial' because of the conclusions reached respecting other questions.
The next in order is: Must the answer of the jury to the third question be understood as finding that the horse was-under control of the deceased while traveling the last sixty-six feet before reaching the point of collision, so that he might, have stopped and avoided the accident? That, it seems, must be answered in the affirmative. The evidence shows, there…
2Cases cited23 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Guhl v. WhitcombWisconsin Supreme Court · 1901
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Koester v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Sherlock v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1912
- Grimm v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1909
- Bellrichard v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1945
14 more not listed; retrieve them via the Exa API.