The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1911-04-13
GIVES PEOPLE WIDER RIGHTS
attorneys Throughout the State Regard
the Decision on the Kenosha Case
as One of Great Importance in Per-
sonal Injury Cases.

Attorneys throughout the state have
read with great deal of interest the
decision Of the Supreme court IN the
Kenosha county case Of Nicholas Il.
Wade against the Chicago and North
western Railway company on account
of the fact that the decision establish
es the new liability law passed by the
legislature in 1907. 1t is the first case
to be decided by the Supreme court I'M
case one of paramount Importance.
The case of Nicholas r. Wade, by
his guardian George r. Wade VS. the
Chicago and Northwestern Railway
company concerned the liability of rail
road companies in cases where pedes-
TRANS or teams are run down by trains
at railway crossings.
For many years the law in Wisconsin
was that person approaching a rail
road crossing either on foot or by team
must looks both ways and listen for the
approach of train at the last place
where it was possible to look before
crossing the track, and if he does not
do so and was run down by a train
the railroad company was not liable for
the injury because it was uniformly
held that the failure to look and listen
was lack of ordinary care and amount
ed to contributory negligence.
In 1907, however, the legislature
passed an act intended to modify to
some extent the rigor of the 'look and
listen'' rule. This act, after making
stringent provisions limiting the speed
in cities and villages and providing for
fagmen, gates and signs at crossings
as well as for the ringing of the bell
and blowing Of the whistle, provided
that in case of injury or death result
ing from failure to comply with these
requirements, ''the fact that the per-
son injured or killed was guilty Of
slight want Of ordinary care contribut-
ing to the injury or death shall not
bar a recovery
The question of the validity and eff
feet Of this law came before the SUI
preme court for the first time in this
case which arose in Kenosha. Wade
was a boy II years old who was run
over by freight train on the North
western railway at the Broad street
crossing in this city on the morning of
the Goth of May, 1908. 1t was claimed
that the train was going at the rate
of thirty miles an hour and that Meth
eI the whistle nor the bell was sounded
for the crossing
1t appeared that Wade was employ
ed as a butcher s boy delivering meat
on the morning of the accident, and had
been delivering some meat on his BIZ
cycle: as he approached the railroad
tracks from the west he found pass
engor train approaching from the
south and stopped on the side track
and got off his wheel and waited for
the train to pass; as soon as it had
passed he stepped forward with his
wheel, looked rapidly to the north, saw
nothing coming and got on his wheel
and started to cross the easterly or
south bound track, but was run down
by freight train going south which
was found by the jury to be going at
an excessive rate of speed and without
warning signals. He was seriously in,
jured.
The jury found that the railroad
company was negligent in operating the
train and that the plaintiff was guilty
OF slight want of ordinary care which
contributed to produce the injury and
fixed the damages at $4,000. The rail
road company claimed that the evi.
dence conclusively showed that the
plaintiff was guilty of more than o
slight want of ordinary care because
it was clear that the boy did not look
north at the last opportunity, but the
trial court held that under the cireum
3 stances the jury was justified in finding
that the boys want of ordinary care
was only slight. The decision was af
frmed.