Bohan v. Milwaukee, L. S. & W. Ry. Co.

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtLYON
Citation61 Wis. 391,21 N.W. 241
PartiesBOHAN v. MILWAUKEE, L. S. & W. RY. CO.
Decision Date06 November 1884

61 Wis. 391
21 N.W. 241

BOHAN
v.
MILWAUKEE, L. S. & W. RY.
CO.

Supreme Court of Wisconsin.

Filed November 6, 1884.


Appeal from circuit court, Ozaukee county.

[21 N.W. 241]

G. W. Foster, for respondent.

Alfred L. Cary, for appellant.


LYON, J.

This case was here on a former appeal, and is reported in 58 Wis. 30;S. C. 15 N. W. REP. 801. The nature of the action and the facts of the case are there sufficiently stated, and will not be repeated here. The case has been again tried, and the trial resulted in a judgment for the plaintiff, from which the defendant has appealed. The testimony on the part of the plaintiff on the last trial is substantially the same as that introduced by him on the first. By reference to the report of the case in 58 Wis. 30,S. C. 15 N. W. REP. 801, it will be seen that the defendant introduced no testimony on the first trial. The grounds upon which the judgment went on the first appeal will appear by the following extract from the opinion: “It is not unlawful for railway companies to propel cars by pushing them in advance of the locomotive by which they are propelled, when the exigencies of their business require it to be done. If they do so under circumstances which increase the risks of injury to persons or property, the law places them under obligation to give timely and suitable notice or warning, in some manner, of what they are doing. In this case, it does not appear that the gravel cars could be distinguished or their presence discovered by persons at the street-crossing, when the plaintiff attempted to cross the track, unless by aid of the head-light. If, therefore, the head-light did not disclose to persons at that point, using proper care and watchfulness, that the locomotive was preceded by the gravel cars, the defendant company was negligent in not furnishing some other and more effectual signal or notice of the fact. Hence the case seems to turn upon the question of the sufficiency of the head-light to enable the plaintiff to discover the gravel cars by exercising due care and scrutiny. If it was sufficient, the plaintiff was negligent, and the defendant was not. If it was not sufficient, the result is reversed--the defendant was negligent, and the plaintiff was not.” It was held that, under the circumstances of the case, the question whether or not the head-light was sufficient to enable the plaintiff, exercising proper care, to see the gravel cars, was for the jury. There was no proof, on the first trial, that a lighted lantern was held on the forward end of the first gravel car from the depot, or that the train bell was rung immediately before the plaintiff was injured. On the last trial, four witnesses, produced on behalf of the defendant, each testified that a brakeman stood

[21 N.W. 242]

upon the forward end of that car with a lighted lantern in his hand, plainly visible, from the time they left the gravel pit (nearly one-half mile south of the depot) until the train reached the depot. These witnesses were the conductor, engineer, and fireman on the...

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16 practice notes
  • Columbus & Greenville R. Co. v. Lee, 26535
    • United States
    • United States State Supreme Court of Mississippi
    • 27 Febrero 1928
    ...the evidence. 3 Elliott on Railroads, 1653; 71 Am. Dec. 236; 18 P. 305; 82 N.E. 986; 44 P. 607; 30 N. J. L. 188; 63 A. 856; 63 N.Y. 622; 21 N.W. 241; Artz v. Railroad Co., 34 Ia. 154; Gunby v. Colo. & S. R. R. Co., 235 P. 556; 78 A. 1048; 69 A. 1087; 61 A. 903; 90 N.E. 1116. The fact that t......
  • Philadelphia, B. & W. R. Co. v. Gatta
    • United States
    • United States State Supreme Court of Delaware
    • 22 Enero 1913
    ...Hubbard v. B. & A. R. Co., 159 Mass. 320, 34 N. E. 459; Menard v. R. R. Co., 150 Mass. 387, 23 N. E. 214; Bohan v. Milwaukee Ry. Co., 61 Wis. 391, 21 N. E. 241; Horn v. B. & O. R. R. Co., 54 Fed. 301, 4 C. C. A. 346; B. & O. R. R. Co. v. Baldwin, 144 Fed. 53, 75 C. C. A. A close analysis of......
  • Haun v. Rio Grande W. Ry. Co.
    • United States
    • Supreme Court of Utah
    • 28 Septiembre 1900
    ...or whistle blown is of a lower character than that of credible witnesses that they heard the bell rung or whistle blown. Bohan v. Ry. Co., 61 Wis. 391 (21 N.W. 241); Still v. Hindenkopers, 17 Wall, 394; Moran v. Ry. Co., 48 Minn. 46 (50 N.W. 930); Hauser v. Ry. Co., 147 Pa. St. 440 (23 At. ......
  • Cotton v. Willmar & Sioux Falls Ry. Co., Nos. 14,906 - (120).
    • United States
    • Supreme Court of Minnesota (US)
    • 23 Noviembre 1906
    ...examination of the facts of each case will disclose that some essential element was absent. In Bohan v. Milwaukee, 61 Wis. Page 370 391, 21 N. W. 241, and Tully v. Fitchburg, 134 Mass. 499, stress is laid upon the inadequacy of such The substance of these decisions is that it is not enough ......
  • Request a trial to view additional results
16 cases
  • Columbus & Greenville R. Co. v. Lee, 26535
    • United States
    • United States State Supreme Court of Mississippi
    • 27 Febrero 1928
    ...the evidence. 3 Elliott on Railroads, 1653; 71 Am. Dec. 236; 18 P. 305; 82 N.E. 986; 44 P. 607; 30 N. J. L. 188; 63 A. 856; 63 N.Y. 622; 21 N.W. 241; Artz v. Railroad Co., 34 Ia. 154; Gunby v. Colo. & S. R. R. Co., 235 P. 556; 78 A. 1048; 69 A. 1087; 61 A. 903; 90 N.E. 1116. The fact that t......
  • Philadelphia, B. & W. R. Co. v. Gatta
    • United States
    • United States State Supreme Court of Delaware
    • 22 Enero 1913
    ...Hubbard v. B. & A. R. Co., 159 Mass. 320, 34 N. E. 459; Menard v. R. R. Co., 150 Mass. 387, 23 N. E. 214; Bohan v. Milwaukee Ry. Co., 61 Wis. 391, 21 N. E. 241; Horn v. B. & O. R. R. Co., 54 Fed. 301, 4 C. C. A. 346; B. & O. R. R. Co. v. Baldwin, 144 Fed. 53, 75 C. C. A. A close analysis of......
  • Haun v. Rio Grande W. Ry. Co.
    • United States
    • Supreme Court of Utah
    • 28 Septiembre 1900
    ...or whistle blown is of a lower character than that of credible witnesses that they heard the bell rung or whistle blown. Bohan v. Ry. Co., 61 Wis. 391 (21 N.W. 241); Still v. Hindenkopers, 17 Wall, 394; Moran v. Ry. Co., 48 Minn. 46 (50 N.W. 930); Hauser v. Ry. Co., 147 Pa. St. 440 (23 At. ......
  • Cotton v. Willmar & Sioux Falls Ry. Co., Nos. 14,906 - (120).
    • United States
    • Supreme Court of Minnesota (US)
    • 23 Noviembre 1906
    ...examination of the facts of each case will disclose that some essential element was absent. In Bohan v. Milwaukee, 61 Wis. Page 370 391, 21 N. W. 241, and Tully v. Fitchburg, 134 Mass. 499, stress is laid upon the inadequacy of such The substance of these decisions is that it is not enough ......
  • Request a trial to view additional results

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