MCLUCKIE v. CHICAGO, M., ST. P. & P. R. CO.


5 Wis.2d 652 (1958)

McLUCKIE, Respondent, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellant. EQUITY UNION CREAMERIES, INC., and another, Respondents, v. SAME, Appellant.

Supreme Court of Wisconsin.

January 2, 1959.


Attorney(s) appearing for the Case

For the appellant there were briefs by Bender, Trump, Davidson & Godfrey, attorneys, and Rodger S. Trump of counsel, all of Milwaukee, and oral argument by Rodger S. Trump.

For the respondents there was a brief by Edwards & Hafner of La Crosse, and Donovan, Gleiss, Goodman, Breitenfield & Gleiss of Sparta, and oral argument by Roger W. Hafner and William J. Gleiss.


BROWN, J.

We must first deal with appellant's contention that there was no evidence to sustain the verdict of causal negligence on the part of the railroad and its employees. The first negligence found by the jury is that of failure in lookout.

The Diesel locomotive which pulled the train was occupied by three of the train crew. Among other duties, the engineer was charged with the duty to watch approaching traffic to the right of the track. To the left the...

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