Culbertson v. Milwaukee & Northern Railroad

Wisconsin Supreme Court

Culbertson v. Milwaukee & Northern Railroad

60 N.W. 998, 88 Wis. 567, 1894 Wisc. LEXIS 106

DecidedNovember 13, 1894

StatusPublished

This text of 60 N.W. 998 (Culbertson v. Milwaukee & Northern Railroad) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Culbertson v. Milwaukee & Northern Railroad, 60 N.W. 998, 88 Wis. 567, 1894 Wisc. LEXIS 106 (Wis. 1894).

Pincite

Opinion

WiNslow, J.

It is entirely plain from the foregoing statement of facts that the deceased was guilty of contributory negligence. When he got off from the car he was on the side of the track, in a place of perfect safety. From this place of safety he voluntarily put himself, unnecessarily, in front of the car, in a place of danger. No duty called him there, because he could as well stop the car from the side as from the front. Nor did he go there to escape any peril. He knew the car was moving towards him. He knew the movable tramway was in the way, and that a loaded car would strike it. In fact, he knew all the elements of danger, and, knowing them, he voluntarily assumed the risk. Citation of authorities upon such a plain case of negligence is unnecessary.

By the Court.— Judgment affirmed.

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WiNslow, J.

It is entirely plain from the foregoing statement of facts that the deceased was guilty of contributory negligence. When he got off from the car he was on the side of the track, in a place of perfect safety. From this place of safety he voluntarily put himself, unnecessarily, in front of the car, in a place of danger. No duty called him there, because he could as well stop the car from the side as from the front. Nor did he go there to escape any peril. He knew the car was moving towards him. He knew the movable tramway was in the way, and that a loaded car would strike it. In fact, he knew all the elements of danger, and, knowing them, he voluntarily assumed the risk. Citation of authorities upon such a plain case of negligence is unnecessary.

By the Court.— Judgment affirmed.

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Bluebook (online)

60 N.W. 998, 88 Wis. 567, 1894 Wisc. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culbertson-v-milwaukee-northern-railroad-wis-1894.