Legal Opinion

Dewey v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided May 3, 1898PublishedCited by 9 opinions

Appeal- from a judgment of the circuit court for Columbia county: R. G-. Siebeckee, Circuit Judge. Action to recover for personal injuries.

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Appeal- from a judgment of the circuit court for Columbia county: R. G-. Siebeckee, Circuit Judge. Action to recover for personal injuries. The complaint states that as plaintiff was traveling on Adams street in the city of Portage, in a buggy drawn -by a single horse, approaching defendant’s railway track at a point where it intersects or crosses such street, one of defendant’s locomotives, in charge of its servants, passed over the crossing, and, after going a short distance beyond it, was brought to a ■stop; that just as the horse was about to cross the railway track, proceeding quietly…

1Opinion of the CourtMarshall, J.

This case is ruled by the well-settled principle that where the trial court decides that there is no evidence which will support a verdict in plaintiff’s favor, and grants a nonsuit or directs a verdict accordingly, the decision cannot be disturbed on appeal unless the record shows that it was clearly wrong. Powell v. Ashland I. & S. Co. 98 Wis. 85.

It appears that the way on which plaintiff was driving when injured was clear as the horse approached the railway track; that the engine was in plain sight some distance from the line of travel, and was about to move westward, away from the…

2Cases cited3 opinions

  1. Flaherty v. HarrisonWisconsin Supreme Court · 1898
  2. Abbot v. KalbusWisconsin Supreme Court · 1889
  3. Cahoon v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1893

3Cited by9 opinions

  1. Agen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1900
  2. Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
  3. Southern Railway Co. v. FlyntCourt of Appeals of Georgia · 1907
  4. Powalske v. Cream City Brick Co.Wisconsin Supreme Court · 1901
  5. Fares v. Rio Grande Western Railway Co.Utah Supreme Court · 1904

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