Wisconsin Reports (Volume 175) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922. Excerpt: ... Shaver v. Davis, 175 Wis. 592. turbed, and a judgment of the trial court sustaining it should not be set aside unless clearly wrong. 6. The look-and-listen rule is to be considered in connection with all the facts, and must be relaxed where the requirements of sub. 6, sec. 1809, Stats., are not complied with; and where plaintiff was unfamiliar with the existence of the crossing, the track being without fences or cattle-guards and situated in the outskirts of a city, and there was testimony that it was obscured by snow, a finding that there was no contributory negligence will not be disturbed. 7. Where the jury might have believed that there was a causal re lation between the speed of the train and the extent of the injury, and that if the train had been going at a lesser rate of speed the injury would have been less serious or might not have occurred, a finding that defendant's negligence was the proximate cause of the injury will be sustained. Appeal from a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. Affirmed. The appeal is from a judgment in favor of the plaintiff for $4,794.77. On February 23, 1920, shortly before noon, the plaintiff, while driving an auto truck east on Grove street in the outskirts of the city of Fond du Lac, was struck at a grade crossing by a train which was "coasting" north, down grade, with the steam shut off. The day was clear and cold; a wind was blowing from the northwest; a "Look out for the cars" sign was in full view on the west side of the crossing. At all points within 130 feet on the west side there was an unobstructed view of the right of way to the south for several hundred feet. The track was a spur or branch; there was no line of telegraph poles along the'right of way, and t...