Boucher v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rond du Lac county: Ci-iesteb A. Eowleb, Circuit Judge. At North Eond du Lac the defendant has an arrangement for handling cinders. The arrangement is the only one of its kind operated by the defendant. Under one of the defendant’s tracks is what is known as the “cinder pit.” On the bottom of the cinder pit, which lies nine or ten feet below the track, are two sets of parallel tracks running east and west.
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Appeal from a judgment of the circuit court for Rond du Lac county: Ci-iesteb A. Eowleb, Circuit Judge. At North Eond du Lac the defendant has an arrangement for handling cinders. The arrangement is the only one of its kind operated by the defendant. Under one of the defendant’s tracks is what is known as the “cinder pit.” On the bottom of the cinder pit, which lies nine or ten feet below the track, are two sets of parallel tracks running east and west. At the north and south of the tracks in the pit are abutments. The east end of the pit is closed. The pit is reached by a curved and inclined…
1Dissent
The following opinion was filed December 21, 1909 :
MARSHALL, J.
{dissenting'). I agree with all said in the dissenting opinion by my Brother BarNES, and choose to add a few observations of my own. •
This case presents one of a class of those distressing situations which must be met with courage in administering our *173modified ancient system of negligence law. Tbe fact that the system, in many cases, makes no provision for unfortunates wbo are daily sacrificed upon the altar of industry, nor for their dependent families whose destroyed welfare is a like sacrifice, is a most lamentable defect in…
2Cases cited14 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Agen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1900
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
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