Legal Opinion

Daley v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided February 21, 1911PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Dane county: S. D. HastiNgs, Judge. They cited, besides other cases, Bolin v. G., St. P., M. &■ 0. R. Go. 108 Wis. 333, 84 N. W. 446; Winlcler v. Fisher, 95 Wis. 355, 70 N. W. 411; Boyce v. Wilbur L. Go. 119 Wis. •642, 91 N. W. 563; Nagle v. Hake, 123 Wis. 256, 101 N. W. 409; Rylander v. Lawrsen, 124 Wis. 2, 102 N. W. 341.

1Opinion of the CourtTimliN, J.

In this case the defendant appeals from a judgment for $1,600 and costs rendered upon a special verdict finding that defendant’s baggageman caused the injury by pushing the plaintiff from a baggage car while the train was moving; that the baggageman was guilty of reckless or wanton conduct in so doing, and that the act was within the scope of his employment. It appeared without dispute that the plaintiff was injured while attempting to “steal a ride” on the front platform of defendant’s baggage car.

It is claimed that there is no evidence to support the finding that the baggageman was within…

2Cases cited5 opinions

  1. Bergman v. HendricksonWisconsin Supreme Court · 1900
  2. Evans v. DavidsonCourt of Appeals of Maryland · 1880
  3. Johnston v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1907
  4. Wilson v. NoonanWisconsin Supreme Court · 1871
  5. Schultz v. La Crosse City Railway Co.Wisconsin Supreme Court · 1907

3Cited by8 opinions

  1. Schultz v. Frankfort Marine, Accident & Plate Glass InsuranceWisconsin Supreme Court · 1913
  2. Smith v. Yellow Cab Co.Wisconsin Supreme Court · 1920
  3. Gerretson v. Rambler Garage Co.Wisconsin Supreme Court · 1912
  4. Newkirk v. Oregon-Washington Railroad & Navigation Co.Oregon Supreme Court · 1929
  5. Zabawa v. Oberbeck Bros. Manufacturing Co.Wisconsin Supreme Court · 1911

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