Marshall v. Green Bay & W. R. Co.
Citation | 103 N.W. 249,125 Wis. 96 |
Court | United States State Supreme Court of Wisconsin |
Decision Date | 02 May 1905 |
Parties | MARSHALL v. GREEN BAY & W. R. CO. |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Waupaca County; Chas. M. Webb, Judge.
Action by Daniel Marshall against the Green Bay & Western Railroad Company. Judgment for defendant. Plaintiff appeals. Affirmed.
Action for personal injuries. The complaint was to this effect: January 10, 1902, plaintiff,--riding in a buggy drawn by a span of horses, driven by him,--was a traveler on the public way, known as the “Northport and Royalton Road,” in the town of Mukwa, Waupaca county, Wis., where it crosses defendant's railway track in section 6, township 22. He was destined to a point requiring him to pass over the crossing. A short time before, defendant lowered its track at such crossing so that a person approaching it as plaintiff did could not see a train coming from the east till he arrived within a few feet of the rails. As he was passing over the same, in the exercise of ordinary care, defendant's servants in charge of one of its trains caused the same to approach and go over the crossing at a speed of about 40 miles an hour, without giving any warning thereof by sounding the engine bell or blowing the whistle. By reason of the situation of the track as to the highway and the manner in which the train was operated, as indicated, plaintiff was struck by the engine and severely injured, to his damage in the sum of $15,000. Performance of the conditions precedent to the commencement of this action was pleaded.
Defendant answered admitting that its train at the time and place alleged injured the plaintiff, putting in issue all allegations as to fault on its part and pleading contributory negligence. The evidence was to this effect: The railway track ran nearly east and west at and in the vicinity of the crossing. The track on the side plaintiff approached thereto and to the east lay at an angle with the highway of about 36 degrees, so that for him to see an approaching train coming from that direction it was necessary to look to the left and partially backward. He wore an overcoat with the collar turned up. It was a cold day and he was dressed accordingly. He was in a covered buggy with the curtains so arranged that he could see out at each side. It was dark and the wind was blowing in an easterly direction. There was some snow on the ground. He knew the location of the track with reference to the highway. He saw it about an hour before the accident and then observed that it had been lowered several feet from its location when he last before passed that way. He knew it was about time for a train to arrive at the crossing, and was uncertain whether it had already done so or not. For a considerable distance from the track, as he approached it, one circumstanced as he was could readily have seen a train coming from the east had he looked for that purpose. From a point about 68 feet from the track one so circumstanced could readily have seen a train had there been one anywhere within a distance of upwards of 1,500 feet from the crossing. From the point 68 feet from the track thereto the opportunity to observe an approaching train coming from the east, in case of there being one, improved. There were some interferences before reaching such point with the view to the east in a line with the track, but after approaching to within about 250 feet of the crossing such interferences were not such as to prevent one from readily seeing a train in that direction at any point on the track for a distance of about half a mile, in case of there being one, the...
To continue reading
Request your trial-
Haugo v. Great Northern Railway Co.
... ... Dietrick, 101 Md. 46, 60 A. 282, 4 Ann. Cas. 292; ... White v. Minneapolis, St. P. & S. Ste. M. R. Co. 147 ... Wis. 141, 133 N.W. 148; Marshall v. Green Bay & W. R ... Co. 125 Wis. 96, 103 N.W. 249; Pittsburg, C. C. & St. L. R. Co. v. West, 34 Ind.App. 95, 69 N.E. 1017; ... Blumenthal v ... ...
-
Mississippi Cent. R. Co. v. Smith
... ... 843, 89 S.E. 887; Cawley v. Ry ... Co., 101 Wis. 145, 77 N.W. 179; Stafford v. R. R ... Co., 110 Wis. 331, 85 N.W. 1036; Marshall v. R. R ... Co., 125 Wis. 96, 103 N.W. 249; Ry. Co. v ... Smith, 40 L. R. A. 246. 86 F. 295 (CCA 5th), 30 C. C. A ... 58; Ry. Co. v ... ...
-
Thompson v. Mississippi Cent. R. Co
...86 N.Y.S. 461, 91 A.D. 153; Railway Co. v. Wilson, 60 S.W. 438; Railway Co. v. Skinner, 119 Va. 843, 89 S.E. 887; Marshall v. Railroad Co., 125 Wis. 96, 103 N.W. 249; Railway Co. v. Andrews, 130 F. 65, 64 C. A. Railway Co. v. Collier, 157 F. 347; Railroad Co. v. Cundicff, 171 F. 319, 96 C. ......
-
Mississippi Cent. R. Co. v. Aultman
... ... submit that the words employed in Sections 474 and 575 should ... be given their usual, ordinary and popular signification ... Green ... v. Weller, 32 Miss. 650; Koch v. Bridges, 45 Miss ... 247; Yerger v. State, 91 Miss. 802, 45 So. 849; ... Hamner v. Yazoo Delta Lbr ... ...