De Rousseau Et Al. v. Chicago

Action commenced January 31, 1947, by Gertrude DeRousseau and Employers Mutual Liability Insurance Company against the Chicago, St. Paul, Minneapolis and Omaha Railway Company to recover damages for the alleged wrongful death of Maurice A. Beffa. Judgment for $8,913.89 in favor of the plaintiffs was entered on February 7, 1949. Defendant appeals. This case involves a collision between a truck driven by the deceased, Maurice A. Beffa, and defendant's train No. 401 at a public grade crossing on highway 63 in the village of Baldwin, Wisconsin, on February 8, 1945, at about 8:30 p. m. Deceased was traveling north on highway 63 which runs north and south crossing defendant's tracks which run east and west at about an eighty-five degree angle. At the crossing there are three tracks: on the south is a side track, known as the house track; in the center is the east bound main line track; on the north is the west bound main line track on which train No. 401 was traveling. To the north of this track is a siding track which does not cross the highway. At the time of the accident a train was stopped on this siding.