Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1909-04-30
,eontributory negligence as matter

NsA'SNHNS as hdtler IF
\ railroad company is held. in chi.
cago, /. IL l.. r. Co. VS., Barker 1ro
Ind. go, SO y. E. 1863 II Ira. MS
542. not TO be liable for the death 0f ~,
engineer through the negligence Of i--
section foreman in leaving u >wi,r5
open.
The rule of Il state railroad conmf.
sion imposing a penalty upon raiJroaa
companies for failure to furnish. witbia
four days from demand, cars which ar1
needed for interstate shipments. is helI
in Southern X. Co. VS.. Commonwealfb
107 Va. III, 60 S. E. 20, II L.RA
(N.S) 364, to be an invalid interrerenra
with interstate commerce, although If
reserves power to suspend the operate
of the rule if justice demands
contract by railroad compapv ~
maintain a siding for private use ana In
run trains TO and from it is held IN
Whalen VS.. Baltimore & o. Il. Co. NId4
90 Att. $50, II Ira. (N.S) $50, not H.
be against public policy.
A combination of employees to comn,i
the employer to permit representatiyos
of a union to adjust all differences be
tween employer and employees, and 10
enforce compliance with the decision by
a strike on the part of all, is held. m
Reynolds VS.. Davis, 1913 Mass. 294. II
n. E: 457, II Ira. MS 162. to be
illegal.
A railroad company which maintains
depot with no adequate approach except
by walking along the track is held. il.
Louisville & \. r. Co. VS. McNary Ky1
los SW 1893, II Ira. (N.Sl 224 To-
be charged with notice that the presence
of persons on the track at that point may
reasonably be expected.
The liability of a railroad company for
injury to a passenger by the jerking OF
the train in starting. while he is standing
on the platform and waiting an opp0T-
tunity to alight, after the train has
stopped at his station. with cars standing
and moving on parallel tracks so close
to his train that any attempt to use the
passageway between them is not I'M
likely TO result in injury. is sustained in
Smith VS.. North Carolina r. Co. 147
n. G. AS, CT S. e. 2G6, II Ira. (N.S)
49,
A passenger who is injured by train
going into a washOut while he was vol
unfairly riding on the platform of the
fast-moving train when there was room
inside thee ar, in the nighttime, in the
midst of or soon after a severe rainstorm,
no one inside the car being injured, is
held. in Miller VS.. Chicago, st. T. NJ. a.
o. Z. Co. (Wis.) 115 n. w. 1914 Il
Ira. On. s. 15S, not to be free from
contributory negligence as matter of law.
Refusal of conductor to listen to the
explanation of a passenger on a through
train as to special contract that he
should be let off at Il way station where
the train was not scheduled to stop, and
compelling him to leave the train at the
last regular stop before the station was
reached is held, in Illinois G. K. Co VS..
Reid (Miss.) 46 So. LAG, II Ira. (N.S)
344, to be evidence of wilfulness and
wantonness which will justify the as
sessment of punitive damages against the
railroad company.
Where the distance across four rail
road tracks is only 40 feet. traveller
about to cross the track is held, in
Cherry VS. Louisiana & A. r. Co. 12l
La All, 46 So. 500, II Ira. (N.Sg
sos, to exercise all due legal care and
prudence if he stops and looks and lis
tens before venturing upon the first
track, and not to be required to repeat
the precaution with each of the tracks
in succession.