82 Wis. 286 | Wis. | 1892
The circuit judge, in his charge to the jury, gave them the following instruction: “ Generally, it is the duty of any man who is crossing a railroad trank to look and listen carefully for approaching trains, and to keep off the track if there is any appearance of danger in crossing. On the other hand, it is the right and duty of every man who comes into a dangerous place of any kind to exercise his own best judgment as to what he shall do. It is for him to determine for himself whether or not a train is so distant that it is perfectly safe to cross the track in advance of it, or whether it is so near as to make it
The court also charged that the damages would be what the intestate’s life would have been worth, had he lived, to his widow and ohildi'en. This was incorrect. It is the pecuniary loss of the widow alone which is recoverable. Abbot v. McCadden, 81 Wis. 563. Other questions are presented,
By the Court.— Judgment reversed, and cause remanded for a new trial.