Larson v. Green Bay & Western Railroad
Larson v. Green Bay & Western Railroad
Opinion of the Court
It is contended that the court erred in answering the first question in the verdict to the effect that the deceased came to his death as the result of stepping off the train at the water tank. . On this question there is no dispute. The deceased was found dead the same evening in the Trempealeau river. He was last seen on the car before it reached the water tank. The brakeman saw him and
This case seems to be ruled by Wolf v. C. & N. W. R. Co. 131 Wis. 335, 111 N. W. 514. Undoubtedly the deceased was led to believe that the train was at the station “Blair” when in fact it was at the water tank, by reason of the brakeman calling the station before the train stopped at the tank. Undoubtedly the deceased attempted to alight from the train, thinking he was at the station, and the night being very dark he stepped off the bridge and fell into the river. Certainly it was negligence on the part of the company to mislead a passenger into a dangerous situation such as there existed. A railroad company is required to exercise a high degree of care to protect its passengers against known dangers. Wanzer v. Chippewa Valley E. R. Co. 108 Wis. 319, 84 N. W. 423.
The defendant claims that the verdict is excessive, but we are satisfied that the verdict was well within the province of the jury and cannot be disturbed on that ground. Bright v. Barnett & Record Co. 88 Wis. 299, 60 N. W. 418. We discover no prejudicial error in the trial of the case.
By the Court. — The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.