Mason v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: W. F. Bailey. Circuit Judge. Personal injuries. Tlie defendant’s railroad runs in a general easterly and westerly direction through the outskirts of the city of Augusta. The passenger and freight depots are on opposite sides of the track, near the west end of the yard, and from thence the yard extends easterly along the main track for a distance of nearly a quarter, of a mile.
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Appeal from a judgment of the circuit court for Eau Claire county: W. F. Bailey. Circuit Judge. Personal injuries. Tlie defendant’s railroad runs in a general easterly and westerly direction through the outskirts of the city of Augusta. The passenger and freight depots are on opposite sides of the track, near the west end of the yard, and from thence the yard extends easterly along the main track for a distance of nearly a quarter, of a mile. There are two switch tracks parallel with the main track, and one on each side thereof through the whole yard. There was evidence tending to show that,…
1Opinion of the CourtWiNslow, J.
We are of opinion that tbe nonsuit in tbis case should not bave been ordered. There was evidence *156which tended to show that there had existed for years a beaten path across the tracks and yard of the defendant, which was frequently used by grown people and children, and that this track was so well defined and its use so frequent that the defendant’s servants ■would naturally know the fact. It was said by this court in Anderson v. C., St. P., M. & O. R. Co. 81 Wis. 195: “ It has been frequently held in this and other states that where the grounds of a railway are used by pedestrians for a…
2Cases cited3 opinions
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Anderson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
- Cutler v. BabcockWisconsin Supreme Court · 1892
3Cited by12 opinions
- Grossenbach v. Devonshire Realty Co.Wisconsin Supreme Court · 1935
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1902
- Schug v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Rowley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
- Carmer v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
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