SMITH v. CHICAGO & NORTH WESTERN RAILWAY COMPANY

No. 247.

57 Wis.2d 769 (1973)

205 N.W.2d 166

SMITH, by Guardian ad litem, and others, Appellants, v. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided March 27, 1973.


Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Brown, Black, Riegelman & Kreul of Racine.

For the respondent the cause was submitted on the brief of Borgelt, Powell, Peterson Frauen, of Milwaukee, and Whaley & Whaley of Racine.


PER CURIAM.

After a review of the record limited by the absence of a transcript of the trial testimony, the court concludes under the circumstances of this case the trial court did not commit reversbile error in failing to include the plaintiff's requested instructions in its charge to the jury or in submitting the special verdict. In the first place, not every violation of a statute or ordinance constitutes negligence per se. Only where the statute is a "safety statute...

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