Gaffney v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: S. D. HastiNGS, Circuit Judge. Tbe defendant is a railroad corporation, and tbis action was commenced to recover damages for injuries sustained by plaintiff while' in its employ.
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Appeal from a judgment of tbe circuit court for Brown county: S. D. HastiNGS, Circuit Judge. Tbe defendant is a railroad corporation, and tbis action was commenced to recover damages for injuries sustained by plaintiff while' in its employ. It is claimed by plaintiff tbat, in tbe services in wbicb be was engaged at tbe time of the injury, be was witbin tbe protection of sec. 1816, Stats. 1898, and therefore is entitled to recover on account of the negligence of a co-employee. Tbe plaintiff’s contention is tbat be was employed by defendant as a wiper, but tbat it was bis duty, when called…
1Opinion of the CourtKeewiet, J.
It is claimed by respondent that “the plaintiff has neither allegation in his complaint, proof in the case, nor-finding of the jury to sustain a judgment in his favor.” The first question presented, therefore, is whether the complaint brings the plaintiff within the protection of the statute. That is to say, whether or not at the time of the injury plaintiff was' engaged “in operating, running, riding upon, or switching . . . engines or cars” within the meaning of the statute. The complaint, after alleging that defendant is a railroad corporation, further alleges, in effect, that on the 20th…
2Cases cited4 opinions
- Ean v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1895
- Hibbard v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Medberry v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1900
3Cited by1 opinion
- Hardt v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1907