Hughes v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNJE, Circuit Judge. Tbis is an action to recover damages for personal injuries ■sustained by being struck by an engine of tbe defendant while crossing Ogden avenue in Superior. Issue being joined, and trial bad, tbe jury returned a special verdict to tbe effect: (1) Tbe defendant’s crossing at tbe time when and place where tbe plaintiff claims be was injured was insufficient for •public use.
Read the full summary
Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNJE, Circuit Judge. Tbis is an action to recover damages for personal injuries ■sustained by being struck by an engine of tbe defendant while crossing Ogden avenue in Superior. Issue being joined, and trial bad, tbe jury returned a special verdict to tbe effect: (1) Tbe defendant’s crossing at tbe time when and place where tbe plaintiff claims be was injured was insufficient for •public use. (2) Tbe defendant did have notice of such insufficiency, so that by tbe exercise of reasonable diligence it might have remedied it…
1Opinion of the CourtCassoday, C. J.
1. The defendant claims that a verdict should have been directed in favor of the defendant on several grounds. Among other things, it is claimed that the finding of the jury to the effect that the defendant’s crossing was insufficient for public use at the time and place where the plaintiff claims to have been injured is not sustained by the evidence, but is contrary to the law and the evidence, and that the court should have changed the answer of the jury to the first question submitted from the affirmative to the negative.
After referring to the difficulty of describing the place where it is…
2Cases cited12 opinions
- Whereatt v. EllisWisconsin Supreme Court · 1886
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
- Kelly v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Oatman v. BondWisconsin Supreme Court · 1862
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Anderson v. Chicago Brass Co.Wisconsin Supreme Court · 1906
- Johnson v. St. Paul & Western Coal Co.Wisconsin Supreme Court · 1906
- Garske v. Town of RidgevilleWisconsin Supreme Court · 1905
7 more not listed; retrieve them via the Exa API.