Abbot v. McCadden

Decision Date22 March 1892
Citation81 Wis. 563,51 N.W. 1079
PartiesABBOT ET AL. v. MCCADDEN.
CourtWisconsin Supreme Court
OPINION TEXT STARTS HERE

Error to circuit court, Portage county; CHARLES M. WEBB, Judge.

Action by Elizabeth McCadden, administratrix, etc., against E. H. Abbot and others for the killing of an employe. From a judgment entered on the verdict of the jury, defendants bring error. Reversed.

The other facts fully appear in the following statement by WINSLOW, J.:

Action for damages on account of the death of Anthony D. McCadden, who was run over by a switch engine in the yard of the Wisconsin Central Railroad, at Stevens' Point, July 4, 1889. At the time of the accident, and for about a year previously, deceased was employed as a fireman upon switch engine No. 13, in said yard, and had been at work on the day of his death up to about 11:30 o'clock A. M., when he left his engine, and started across the yard to get his dinner. There were numerous switch tracks in the yard, and as he was crossing one of them he was run over and killed by switch engine No. 49, also employed in the yard. Defendant in error claims that the accident was caused by the negligence of the engineer of engine No. 49 in failing to give signals, and in running at a negligently high rate of speed. The trial resulted in a verdict for the defendant in error, plaintiff below, and from a judgment upon such verdict the plaintiffs in error, who were at the time of the accident operating the Wisconsin Central Railroad as trustees, sued out their writ of error.Howard Morris and T. H. Gill, for plaintiffs in error.

Lamoreux & Park and G. W. Bird, for defendant in error.

WINSLOW, J., ( after stating the facts.)

The railroad yard in which the accident occurred was within the limits of the city of Stevens' Point, and was crossed by several streets. One of the elements of negligence which the jury found, and upon which the plaintiff below based her right to recover, was that the switch engine which ran over the intestate was being driven at a negligently high rate of speed, or considerably more than six miles an hour, contrary to the terms of section 1809,1 Rev. St. Upon the trial the defense offered to prove that it was the universal custom in the yard, before and at the time of the accident, to run switch engines in doing the yard work much faster than six miles an hour, and that the deceased well knew it. This proof was objected to, and the objection sustained, and this ruling presents the first question to be...

To continue reading

Request your trial
23 cases
  • Denver & R. G. R. Co. v. Norgate
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • October 20, 1905
    ......207-209; Endlich, Interpretation of. Statutes, Secs. 5, 7; Black on Interpretation of Statutes,. pp. 4, 234; Abbott v. McCadden, 81 Wis. 563, 51 N.W. 1079, 29 Am.St.Rep. 910; American Rolling Mill Co. v. Hullinger, 161 Ind. 673, 67 N.E. 986. . . We. ......
  • Nicoll v. Sweet
    • United States
    • United States State Supreme Court of Iowa
    • December 13, 1913
    ...... one of which Lawson v. Railway , 64 Wis. 447 (24 N.W. 618, 54 Am. Rep. 634) cites the Donaldson case, 18. Iowa 280, as authority; and Abbot v. McCadden , 81. Wis. 563 (51 N.W. 1079, 29 Am. St. Rep. 910), in which the. court says: "The court charged the jury, on the subject. of damages, ......
  • Nicoll v. Sweet
    • United States
    • United States State Supreme Court of Iowa
    • December 13, 1913
    ...447, 24 N. W. 618, 54 Am. Rep. 634) cites the Donaldson Case, 18 Iowa, 280, 87 Am. Dec. 391, as authority; and Abbott v. McCadden, 81 Wis. 563, 51 N. W. 1079, 29 Am. St. Rep. 910, in which the court says: “The court charged the jury, on the subject of damages, that the damages ‘must be the ......
  • Escambia County Elec. Light & Power Co. v. Sutherland
    • United States
    • United States State Supreme Court of Florida
    • April 18, 1911
    ...... the courts of states in which the statutes are similar to. ours. 6 Thompson on Negligence, §§ 7134, 7135; Abbot v. McCadden, 81 Wis. 563, 51 N.W. 1079, 29 Am. St. Rep. 910; English v. Southern Pac. Co., 13 Utah, 407, 45. P. 47, 35 L. R. A. 155, 57 Am. St. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT