Vaillant v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Brown county: Henuy Geaass, Circuit Judge. The action was brought by the plaintiffs to recover damages for the death of their son, George Vaillant, whose death is alleged to have been “occasioned” by the absence of a fence on defendant’s railroad right of way. George'Vaillant, son of the plaintiffs, was sixteen years of age at the time of his death.
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Appeal from an order of the circuit court for Brown county: Henuy Geaass, Circuit Judge. The action was brought by the plaintiffs to recover damages for the death of their son, George Vaillant, whose death is alleged to have been “occasioned” by the absence of a fence on defendant’s railroad right of way. George'Vaillant, son of the plaintiffs, was sixteen years of age at the time of his death. On October 31,1914, he entered upon the defendant’s right of way in the city of Green Bay at a point where Maple avenue, if extended northerly to Seventh street, would intersect defendant’s right of…
1Opinion of the CourtSiebecxeR, J.
Tbe argument is made tbat tbe boy’s death was “occasioned, ... in whole or in part, by tbe want of such fence.” Sec. 1810, Stats. 1915. Tbe meaning of tbe word “occasioned” as used in this statute has been adverted to in tbe opinions of this court and is declared to signify tbat which is caused incidentally or indirectly. Curry v. C. & N. W. R. Co. 43 Wis. 665; Schwind v. C., M. & St. P. R. Co. 140 Wis. 1, 121 N. W. 639. In this sense of tbe statute can it be reasonably asserted tbat tbe omission of tbe fence under tbe alleged facts was tbe means of producing tbe boy’s death? Did it…
2Cases cited5 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Ulicke v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
- Schwind v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Alexander v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1914
- Bejma v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1914
3Cited by7 opinions
- Rusczck v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1926
- Wendorf v. Director General of RailroadsWisconsin Supreme Court · 1920
- Jacoby v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1917
- Berndl v. Director General of RailroadsWisconsin Supreme Court · 1922
- Strand v. Great Northern Railway Co.Supreme Court of Minnesota · 1951
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