Ryan v. La Crosse City Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse-county: O. B. WxmaN, Circuit Judge. To the point that a verdict should have been directed on the ground of contributory negligence, they cited, besides cases cited in the opinion, Downs v. St. Paul Gity R. Go. 75 Minn. 41 O’Rourke v. H. O. G. <&L. R. Go. 51 La. Ann. 755; Dull v. O., G, G. c& St. L. R. Go. 21 Ind.
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Appeal from a judgment of the circuit court for La Crosse-county: O. B. WxmaN, Circuit Judge. To the point that a verdict should have been directed on the ground of contributory negligence, they cited, besides cases cited in the opinion, Downs v. St. Paul Gity R. Go. 75 Minn. 41 O’Rourke v. H. O. G. <&L. R. Go. 51 La. Ann. 755; Dull v. O., G, G. c& St. L. R. Go. 21 Ind. App. 571; Wolfe v. Pierce,. 57 N. E. Eep. 555. To the point that, plaintiff was too young to be held guilty of contributory negligence as a matter of law, they cited, besides Wisconsin cases cited in the dissenting opinion,…
1ConcurrenceDodge, J.
While I concur in the conclusion reached by the court that the evidence tends to establish negligence on the part of the motorman, and that it does not tend to establish gross negligence, I am unable to concur in the view that the conduct of the injured boy can properly be declared negligence in law. Eor the purpose of defining my view on this question, I think certain facts, to establish which there is at least some evidence, should be added to those stated in the opinion filed on behalf of the court, or more emphasized. The boy, eight years and nine months of age, *132bad been sent across these…
2Cases cited8 opinions
- Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Whalen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1890
- Carmer v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Hemmingway v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1888
- Johnson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
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