Phillips v. Milwaukee & Northern Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused "by the negligence of the defendant’s employees. The facts are sufficiently stated in the opinion. There was a general verdict in favor of the plaintiff, assessing her damages at $833; a motion for a new trial was denied; and from the judgment entered on the verdict the defendant appealed.
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APPEAL from the Circuit Court for Winnebago County. Action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused "by the negligence of the defendant’s employees. The facts are sufficiently stated in the opinion. There was a general verdict in favor of the plaintiff, assessing her damages at $833; a motion for a new trial was denied; and from the judgment entered on the verdict the defendant appealed. To the point that one who goes upon the track and is struck by a train which is in plain sight when the crossing is' attempted, cannot recover either on the…
1Opinion of the CourtOeton, J.
In the city of Menasha there are three streets running north and south, viz.: Milwaukee street and, to-
wards the east, Racine street and then Appleton street. The railroad of the appellant company, coming from the west, after it crosses Milwaukee street runs in a south*351easterly direction towards Eacine street, and then crosses Eacine and Appleton streets in a due easterly direction. The depot grounds lie between Milwaukee and Appleton streets, and the depot buildings are situated between Eacine and Appleton streets. From some distance west of Eacine street there is a main switch track south of…
2Cases cited2 opinions
- Duame v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Ferguson v. Wisconsin Central RailroadWisconsin Supreme Court · 1884
3Cited by13 opinions
- Ross v. San Francisco-Oakland Terminal Railways Co.California Court of Appeal · 1920
- Kunkel v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1909
- Vance v. Railway Co.West Virginia Supreme Court · 1903
- Baltimore & Ohio Southwestern Railway Co. v. RosboroughIndiana Court of Appeals · 1907
- York v. Maine Central RailroadSupreme Judicial Court of Maine · 1891
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