Ransom v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Earn Glaire County. This is an action to recover the expenses resulting from injuries to the plaintiff’s minor children, for loss of their services, and for damage to his horse, buggy, and harness, which injuries and damage are alleged to have been inflicted near the crossing of a public highway by the defendant’s railway, and to have been caused by the failure of the defendant’s servants running and managing one of its locomotives with a…
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APPEAL from the Circuit Court for Earn Glaire County. This is an action to recover the expenses resulting from injuries to the plaintiff’s minor children, for loss of their services, and for damage to his horse, buggy, and harness, which injuries and damage are alleged to have been inflicted near the crossing of a public highway by the defendant’s railway, and to have been caused by the failure of the defendant’s servants running and managing one of its locomotives with a train of cars attached thereto, approaching such crossing, to ring the bell and blow the whistle of the engine, as…
1Opinion of the CourtLyon, J.
Independently of the fact that the defendant’s locomotive and train of cars were near the highway and railroad crossing when they emerged from the cut and frightened the horse being driven on the adjacent highway by the plaintiff’s wife, we think the defendant would have been, under no obligation either to slacken the speed of the train or give any signal of its approach. There is no statute, and we are aware of no common-law rule, which, under such circumstances, requires railroad companies to observe those *181precautions to avoid accident. If, therefore, the defendant is liable in this action,…
2Cases cited6 opinions
- Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Wakefield v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1864
- Holmes v. Central Railroad & Banking Co.Supreme Court of Georgia · 1868
- People v. New York Central Rail RoadNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Williams v. Chicago & Alton RailroadIllinois Supreme Court · 1891
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
- Chicago, Burlington & Quincy Railroad v. MetcalfNebraska Supreme Court · 1895
- Lepard v. Michigan Central RailroadMichigan Supreme Court · 1911
- Southern Railway Co. v. CrawfordSupreme Court of Alabama · 1909
15 more not listed; retrieve them via the Exa API.