Pelitier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. This is an action to recover for personal injuries. The defendant operates a railroad track on what is known as Connor’s Point, near the city of Superior. This track runs northwest and southeast, parallel with the southwest shore of Superior bay. The right of way on which defendant’s track runs is twenty-five feet wide, and the northeast line thereof is about fifty feet from the shore line of the bay.
Read the full summary
APPEAL from the Circuit Court for Douglas County. This is an action to recover for personal injuries. The defendant operates a railroad track on what is known as Connor’s Point, near the city of Superior. This track runs northwest and southeast, parallel with the southwest shore of Superior bay. The right of way on which defendant’s track runs is twenty-five feet wide, and the northeast line thereof is about fifty feet from the shore line of the bay. Immediately joining and on the southwest of the defendant’s right of way is the right of way of the Northern Pacific railway, which is forty…
1Opinion of the Court
The following opinion was filed October 2, 1894:
WiNslow, J.
The grounds of negligence claimed by the plaintiff were failure to fence the right of way and failure *525to give signals of the movement of the cars, as well as failure to keep a proper lookout. The verdict of the jury establishes the fact, in answer to the first three questions, that the train was negligently moved when the plaintiff was injured; but in response to the fourth question it was found that such negligence was not the proximate cause of the injury. There is nothing inconsistent with this fourth finding elsewhere in the…
2Cases cited5 opinions
- Telford v. FrostWisconsin Supreme Court · 1890
- Gores v. GraffWisconsin Supreme Court · 1890
- Allen v. MurrayWisconsin Supreme Court · 1894
- Whitney v. CliffordWisconsin Supreme Court · 1883
- Beery v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
3Cited by19 opinions
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Jones v. MonsonWisconsin Supreme Court · 1909
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Curran v. A. H. Stange Co.Wisconsin Supreme Court · 1898
14 more not listed; retrieve them via the Exa API.