Schultz v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Action to recover for personal injuries by reason of tbe fall of certain lumber from a car wbicb plaintiff, a common laborer, was assisting to unload, on May 13, 1899. Tbe car was an ordinary flat car, having upon its floor a number of nails or spikes, described as “sidewalk spikes,” driven in so that tbe beads were still from an inch to an incb and a balf. above tbe floor of tbe car, some…
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Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Action to recover for personal injuries by reason of tbe fall of certain lumber from a car wbicb plaintiff, a common laborer, was assisting to unload, on May 13, 1899. Tbe car was an ordinary flat car, having upon its floor a number of nails or spikes, described as “sidewalk spikes,” driven in so that tbe beads were still from an inch to an incb and a balf. above tbe floor of tbe car, some of them being lower by reason •of being bent over. There was no evidence of tbe ownership of tbe car, or by whom…
1Opinion of the Court
Dodge, T.
Plaintiff contends that the fall of the lumber must be ascribed to the presence of the spikes in the bottom of the car; also to the manner in which the lumber was laden upon the car, namely, the promiscuous dumping of indiscriminate lumber loosely between the two tiers lying along the sides; and invokes the rule of res ipsa loquitur, declared in this court in Cummings v. Nat. Furnace Co. 60 Wis. 603, 18 U. W. 742, 20 U. W. 665; Stacy v. Milwaukee, L. S. & W. R. Co. 85 Wis. 225, 54 N. W. 779, and Carroll v. Chicago, B. & N. R. Co. 99 Wis. 399, 75 N. W. 176. The principle of those…
2Cases cited4 opinions
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Carroll v. Chicago, Burlington & Northern RailroadWisconsin Supreme Court · 1898
- Stacy v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1893
3Cited by4 opinions
- Ashcraft v. Davenport Locomotive WorksSupreme Court of Iowa · 1910
- Denton v. Mammoth Spring Electric Light & Power Co.Supreme Court of Arkansas · 1912
- Baumann v. C. Reiss Coal Co.Wisconsin Supreme Court · 1903
- Exxon Corp. v. FlemingSupreme Court of Arkansas · 1973