Langhoff v. Milwaukee & Prairie du Chien Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rode County. This action was brought by Herman J. Langhoff, as administrator of the estate of Mary E. Langhoff, deceased, against the Milwaukee & Prairie du Chien and the Chicago <& North- Western Railway Companies, to recover, under the statute, for the killing of the said Mary by trains on defendants’ roads at a street crossing in the city of Janesville, through the negligence, as is alleged, of defendants’ servants, and while said trains…
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APPEAL from the Circuit Court for Rode County. This action was brought by Herman J. Langhoff, as administrator of the estate of Mary E. Langhoff, deceased, against the Milwaukee & Prairie du Chien and the Chicago <& North- Western Railway Companies, to recover, under the statute, for the killing of the said Mary by trains on defendants’ roads at a street crossing in the city of Janesville, through the negligence, as is alleged, of defendants’ servants, and while said trains were running at an unlawful rate of speed, and racing with each other upon adjoining tracks at said crossing. The…
1Opinion of the Court
By the Court,
Dixok, C. J.
We reverse the judgment.and remand the cause for a new trial, on the ground that there was no such clear and decisive evidence of negligence on the part of the deceased, Mrs. Langhoff, at the time of the injury and contributing to it, as authorized the court to nonsuit the plaintiff, or take the case from the jury. What constitutes *497negligence, or that want of care on the part of the person receiving the injury which deprives him of any remedy, and neutralizes, as it were, the wrong of the party by whom the injury is inflicted, is a question depending on various…
2Cases cited1 opinion
- Achtenhagen v. City of WatertownWisconsin Supreme Court · 1864
3Cited by32 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Correll v. B. C. R. & M. R. R. Co.Supreme Court of Iowa · 1874
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