Legal Opinion

Swalm v. Northern Pacific Railway Co.

Wisconsin Supreme Court

Decided October 25, 1910PublishedCited by 5 opinions

Appeal from a judgment of tbe superior court of Douglas-county: 0'hab.les Smith, Judge. On tbe morning of January 5, 1909, a team of borses belonging to tbe plaintiff, and bitched to a sleigb, was being, driven northward along a public highway known as Detroit Pier in tbe city of Superior, which highway crosses a series of eleven tracks of the defendant railway company, such tracks running east and west.

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Appeal from a judgment of tbe superior court of Douglas-county: 0'hab.les Smith, Judge. On tbe morning of January 5, 1909, a team of borses belonging to tbe plaintiff, and bitched to a sleigb, was being, driven northward along a public highway known as Detroit Pier in tbe city of Superior, which highway crosses a series of eleven tracks of the defendant railway company, such tracks running east and west. In approaching these tracks and before driving upon the same there is a grade on the street from south to north. The tracks are referred to in the testimony as numbers 1 to 11 inclusive, the…

1Opinion of the CourtBabNES, J.

The errors assigned in this case are. (1) the-driver was guilty of contributory negligence as a matter of law and the court erred in refusing to so hold; (2) the court erred in the charge given to the jury and also in failing to charge upon certain points; (3) the court erred in refusing to> submit a question to the jury requested by defendant.

*444It is not seriously contended that bad tbe driver stopped bis team before attempting to cross the tracts be could have seen tbe approaching engine. Generally tbe • question of whether a person driving a team should stop or not before attempting to cross…

2Cases cited2 opinions

  1. Kujawa v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
  2. Palmer v. SchultzWisconsin Supreme Court · 1909

3Cited by5 opinions

  1. Gordon v. Illinois Central RailroadWisconsin Supreme Court · 1918
  2. Kanass v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1923
  3. Shaver v. DavisWisconsin Supreme Court · 1922
  4. Lomoe v. Superior Water, Light & Power Co.Wisconsin Supreme Court · 1911
  5. Sweeo v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1924

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