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LANG v. CHICAGO & N. W. R. CO.

258 Wis. 610 (1951)

LANG, Respondent, vs. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Appellant.

Supreme Court of Wisconsin.

March 6, 1951.

Attorney(s) appearing for the Case

For the appellant there were briefs by E. H. Borgelt, Richard S. Gibbs, and Edmund W. Powell, all of Milwaukee, and oral argument by Mr. Powell and Mr. Gibbs.

For the respondent there was a brief by Smith, Okoneski, Puchner & Tinkham of Wausau, and oral argument by Charles F. Smith.

GEHL, J.

The material facts here presented are the same as those presented at the former trial. They are found in Lang v. Chicago & N. W. R. Co. 256 Wis. 131, 40 N.W.2d 548. The judgment was reversed because of error in the instructions to the jury. At the first trial, as at the second, the defendant was found guilty of causal negligence with respect to speed and to ringing of the engine bell, and the plaintiff was found guilty with respect to management...

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