Burns v. North Chicago Rolling Mill Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The cause was before this court on a- former appeal, and is reported in 60 ~WIs. 541. Upon the second trial the jury found a special verdict, the substance of which, so far as it is material, is stated in the opinion. Erom the judgment entered upon the verdict in favor of the plaintiff, the defendant appealed.
1Opinion of the CourtORton, J.
The main facts in this case sufficiently appear in 60 Wis. 541. The judgment in the case was then reversed, mainly because of inconsistent findings and of the particular findings “ that the plaintiff could, had he looked, have seen the lights of the brakemen, or the lights on the locomotive, at any time before he reached the track on which the collision occurred,” and “ that the plaintiff could have seen the lights of the brakemen and on the locomotive at any time before he reached the track where the collision occurred, had he been looking for the same.” The findings in the case now before…
2Cases cited7 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1868
- Ferguson v. Wisconsin Central RailroadWisconsin Supreme Court · 1884
- Beisiegel v. . New York Central RailroadNew York Court of Appeals · 1866
- Butler v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
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3Cited by15 opinions
- Firkus v. RombalskiWisconsin Supreme Court · 1964
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Richmond v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1891
- Blount v. Grand Trunk Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- Erie R. Co. v. StewartCourt of Appeals for the Sixth Circuit · 1930
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