Steffen v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action for an injury received by the plaintiff while in the defendant’s employ.
Read the full summary
APPEAL from the Circuit Court for Dane County. Action for an injury received by the plaintiff while in the defendant’s employ. The complaint alleges, in substance, that, on the 20th of June, 1877, plaintiff was in defendant’s service as a section hand, laboring on its track between certain stations in Dane county, under the direction of a superior officer and agent of the defendant, to wit, the overseer of said section; that while so acting he was lawfully upon the premises, engaged with others of defendant’s servants in repairing said track; that while he was so engaged, the defendant, by…
1Opinion of the CourtRyan, C. J.
The respondent brought his action for the appellant’s negligence, and it was incumbent on him to establish it. Negligence is not to be presumed in the absence of evidence tending to prove it. A plaintiff charging negligence as the ground of his action takes the onus probandi. The nature of an injury may indeed, in some cases, raise a presumption of negligence. Rut the respondent’s injury is not of such a character. lie established no cause of action, without evidence tending to show the appellant’s negligence in causing his injury. Wharton’s Neg., § 421; Morrison v. P. & C. Construction Co.,…
2Cases cited6 opinions
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- Morrison v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Harris v. CameronWisconsin Supreme Court · 1892
- Chicago, R. I. & P. Ry. Co. v. WatsonSupreme Court of Oklahoma · 1912
- Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1887
- Lockwood v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.