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


265 Wis. 618 (1954)

BRADY, Special Administratrix, Appellant, vs. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Respondent. FRENCH, Special Administratrix, Appellant, vs. SAME, Respondent.

Supreme Court of Wisconsin.

February 2, 1954.


Attorney(s) appearing for the Case

For the appellants there were briefs by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by Fred F. Kaftan and J. Robert Kaftan.

For the respondent there was a brief by E. H. Borgelt and W. J. Roper, both of Milwaukee, attorneys, and Frederick N. Trowbridge of Green Bay of counsel, and oral argument by Mr. Roper.


BROWN, J.

In their first cause of action plaintiffs allege that the deaths were due to the negligence of the railroad company in failing to fence its right of way at the place where the boys entered upon railroad property and proceeded to the bridge. The trial court found as a matter of law that this spot was within the depot grounds and, therefore, the railroad had no duty to fence it, as declared by sec. 192.33 (1), Stats. Incidentally, the jury reached the same...

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