Crouse v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Rock county: John R.'Bennett, Circuit Judge. This is an action for personal injuries. On and prior to July 26,1896, the plaintiff was a locomotive engineer in the employ of the defendant, running between Oshkosh and Janesville.
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Appeal from, a judgment of the circuit court for Rock county: John R.'Bennett, Circuit Judge. This is an action for personal injuries. On and prior to July 26,1896, the plaintiff was a locomotive engineer in the employ of the defendant, running between Oshkosh and Janesville. On the night of July 26th, at about 11:50 o’clock, the plaintiff was running the engine attached to a freight train southward over the defendant’s railroad, and ran into a washout about a mile and a half north of the city of Janesville, and was seriously injured. The washout had occurred during a heavy rainstorm on the…
1Opinion of the CourtWinslow, J.
1. It was very strenuously insisted by the defendant’s counsel on the argument of the case that the evidence showed that the plaintiff was guilty of contributory negligence as a matter of law. In this connection the following rules of the railroad company, with which the plaintiff was familiar,- were put in evidence: “ Rule 128. Freight and special trains must not pass over any switch at a speed exceeding ten miles an hour.” “ Rule 410. The protection of the trains of the. company from accident during storms, and from danger of the track and bridges being washed out by sudden and heavy rains…
2Cases cited7 opinions
- Harrison v. Sutter Street RailwayCalifornia Supreme Court · 1897
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- Brosnan v. SweetserIndiana Supreme Court · 1891
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Plank v. SummersCourt of Appeals of Maryland · 1954
- South v. National Railroad Passenger Corp.North Dakota Supreme Court · 1980
- Wells v. Minneapolis Baseball & Athletic Ass'nSupreme Court of Minnesota · 1913
- City of Milwaukee v. MillerWisconsin Supreme Court · 1913
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
24 more not listed; retrieve them via the Exa API.