Cummings v. National Furnace Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Action to recover damages for personal injuries alleged to have been caused by the negligence of the servants of the defendant company. The answer denies negligence on the part of the defendant and alleges negligence of the plaintiff as the cause of the injury. The facts attending the accident will appear from the opinion.
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APPEAL from the Circuit Court for Brown County. Action to recover damages for personal injuries alleged to have been caused by the negligence of the servants of the defendant company. The answer denies negligence on the part of the defendant and alleges negligence of the plaintiff as the cause of the injury. The facts attending the accident will appear from the opinion. The defendant requested the court to submit the following questions to the jury for a special verdict: (l)-At the time of the happening of the accident to the plaintiff, was the plaintiff in an intoxicated condition? (2) Was…
1Opinion of the Court
The following opinion was filed March 18, 1884:
Taylob, J.
The facts upon which the action is based are-substantially the following: The plaintiff was employed as a seaman upon the sailing vessel “ Experiment,” and he was also a diver. The “Experiment” had been engaged in col*608lecting iron ore which had fallen into the water from vessels at docks while unloading, or from vessels in distress, or which had been wrecked. Shortly before the accident occurred which caused the injury to the respondent, the “Experiment,” having on board between fifty and seventy-five tons of iron ore, put into the…
2Cases cited4 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Kirst v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1879
- Brusberg v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
3Cited by65 opinions
- McCray v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1896
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Evansville & Terre Haute Railroad v. DuelIndiana Supreme Court · 1893
- Louisville, New Albany & Chicago Railway Co. v. SandfordIndiana Supreme Court · 1889
- Howser v. Cumberland & Pennsylvania RailroadCourt of Appeals of Maryland · 1894
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