Ketchum v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dunn county: E. W. Helms, Circuit Judge. This is an i action to recover damages for personal injuries sustained on January 23, 1909, through the alleged negligence of the defendant in failing to have the door of a certain box car properly fastened, and in placing the car in the train on which the plaintiff was working while the door was swinging out from the side of the car a distance of eight inches, thereby causing the…
Read the full summary
Appeal from a judgment of tbe circuit court for Dunn county: E. W. Helms, Circuit Judge. This is an i action to recover damages for personal injuries sustained on January 23, 1909, through the alleged negligence of the defendant in failing to have the door of a certain box car properly fastened, and in placing the car in the train on which the plaintiff was working while the door was swinging out from the side of the car a distance of eight inches, thereby causing the injuries to the plaintiff through the door coming in contact with him and causing him to fall under the train. At the time of…
1Opinion of the CourtSiebeckeR, J.
The appellant assails the court’s ruling-denying him judgment on the verdict of the jury. The argument is that the facts found show that there was a defect in the car, namely, a projection of the car door outside of its. normal position to the extent of eight inches, and that this projection of the car door caused him to fall under the train and produced his injuries, and that the defendant is therefore liable. This claim is based on the idea that sec. 1816,, Stats. (1898), as amended by ch. 254, Laws of 1907, imposes an absolute liability on railroad companies for all injuries sustained by…
2Cases cited15 opinions
- Oborn v. StateWisconsin Supreme Court · 1910
- Havenor v. StateWisconsin Supreme Court · 1905
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Southern Pacific Railroad Co. v. MitchellArizona Supreme Court · 1956
- State v. BurtonWisconsin Supreme Court · 1983
- Short v. BossWisconsin Supreme Court · 1929