Schilling v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. ‘ Action to recover damages for the death of the plaintiff’s husband alleged to have been caused by the negligence of the defendant. The facts are sufficiently stated in the opinion. contended, inter alia, that it cannot be presumed that the deceased did not look or listen. His negligence in tha't regard must be proved. Hoyev. G. da N. W. R. Go. 67 Wis. 1, 15; Iloyt v. Hudson, 41 id.
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APPEAL from the Circuit Court for Dodge County. ‘ Action to recover damages for the death of the plaintiff’s husband alleged to have been caused by the negligence of the defendant. The facts are sufficiently stated in the opinion. contended, inter alia, that it cannot be presumed that the deceased did not look or listen. His negligence in tha't regard must be proved. Hoyev. G. da N. W. R. Go. 67 Wis. 1, 15; Iloyt v. Hudson, 41 id. Ill; Massoth v. D. da H. Oanal Go. 64 N. Y. 524-529; Guggenheim v. L. 8. & M. 8. JR. Go. 9 Western Hep. 903, 33 N. W- Rep. 161. The fact that the Uain was run at an…
1Opinion of the CourtOetoN, J.
The undisputed facts of this case seem to be as follows: A very long and heavily load ed freight train of the company, being hauled by a very large and heavy engine, was going from the junction at Watertown northwesterly, a short time before 1 o’clock in the afternoon, somewhat behind the time of half-past 12 o’clock, the regular time of its passing at that place, and where and when it had passed, about on time, for about eleven years before. The wind was blowing strongly from the northwest, — the direction in which the train was moving. From the place where the accident occurred, and…
2Cases cited28 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
23 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
- Schug v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Schmolze v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.