Guhl v. Whitcomb
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geoege W. BueNell, Circuit Judge. Action for personal injuries. received by plaintiff about five miles' south of Oshkosh, at a crossing of a north and south highway with the Wisconsin Central Bailroad, which at that point ran so nearly north and south that the angle of crossing was only sixteen degrees.
Read the full summary
Appeal from a judgment of the circuit court for Winnebago county: Geoege W. BueNell, Circuit Judge. Action for personal injuries. received by plaintiff about five miles' south of Oshkosh, at a crossing of a north and south highway with the Wisconsin Central Bailroad, which at that point ran so nearly north and south that the angle of crossing was only sixteen degrees. Plaintiff, a girl nineteen years of age, resided with her father about a quarter of a mile south of the crossing, and between the highway and the track. On the 28th of March, 1896, she started from her father’s house northward…
1Opinion of the CourtDodge, J.
The two principal errors assigned consist in the denial of motion to direct a verdict on the ground of plaintiff’s contributory negligence, and in the giving as a rule of law to the jury the sentence quoted in the statement of facts, together with some other instructions further developing the same idea. That sentence is adopted from the opinion in Ward v. C., St. P., M. & O. R. Co. 85 Wis. 601, 604, and, unless later decisions of this court have modified *72that case, the instruction assailed is not unsupported by authority. A review of the subsequent cases, therefore, becomes necessary.
It will…
2Cases cited14 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Muetze v. TuteurWisconsin Supreme Court · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Todd v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1915
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Langham v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1926
- Carlson v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1905
- Sherlock v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1912
22 more not listed; retrieve them via the Exa API.