39 N.W. 856 (Wis. 1888), Winstanley v. Chicago, M. & St. P.R. Co.
|Citation:||39 N.W. 856, 72 Wis. 375|
|Opinion Judge:||ORTON, J.|
|Party Name:||WINSTANLEY, Administrator, etc., Respondent, v. CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY, Appellant|
|Attorney:||For the appellant there was a brief by John T. Fish, attorney, and Burton Hanson, of counsel, and oral argument by Mr. Hanson. For the respondent there was a brief by Weisbrod, Harshaw & Nevitt, attorneys, and Gabe Bouck, of counsel, and oral argument by Gabe Bouck and A. W. Weisbrod.|
|Judge Panel:||HARLOW S. ORTON, J.|
|Case Date:||October 09, 1888|
|Court:||Supreme Court of Wisconsin|
Argued: September 22, 1888
APPEAL from the Circuit Court for Winnebago County.
The action was brought by John Winstanley, as administrator of the estate of Robert Winstanley, deceased, to recover damages for the death of his intestate, alleged to have been caused by the negligence of the defendant's employees. The plaintiff had a verdict for $ 1,500, and from the judgment thereon the defendant appealed. The facts are stated in the opinion.
[72 Wis. 378]
This action is to recover damages which the respondent sustained by the death of his son Robert, which was caused by the negligence of the appellant company, and the plaintiff recovered $ 1,500. The main facts were as follows: The railroad runs nearly north and south through that part of the city of Oshkosh, and there is a side or spur track which runs in the same direction, quite a long distance by, and to accommodate, several mills and manufacturing establishments. On the west side of said track there is a large building used for a glazing-shop, 120 feet long and 50 feet wide, with a platform running along the east side, six feet and four inches wide, and within two
feet and eight inches of the west rail of the spur track. [72 Wis. 379] There is also a platform of about the same width along the north end of said glazing-shop, and a door into the shop about the middle of the building, and steps at each end of this platform. Immediately in front of this platform there is, and has been for a long time, a road or private way from a mill some distance west, across the spur track, and on towards High street east, and the crossing is built a little north of the platform and very near the northeast corner of the glazing-shop. The spur track is used for hauling loaded cars south about 7 o'clock in the morning, and running empty cars back over this road crossing about 8 o'clock daily, with no more irregularity than may be caused by a longer time to unload the cars at some times that at others. It was about 8 o'clock when this death occurred, and an engine was pushing several empty box cars on the track towards the north. The deceased, a boy about eighteen years of age, had been working with his father's team for one Martin, hauling loads from said mill west of the crossing, and on this morning, with another workman,...
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