Dwyer v. American Express Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Ten years ago the plaintiff brought an action against the defendant, the American Express Company, to recover damages for personal injuries which he claimed to have received in 1881, because of the negligence of one Colvin, who was alleged to be the agent and manager of the defendant’s office at Oshkosh.
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APPEAL from the Circuit Court for Winnebago County. Ten years ago the plaintiff brought an action against the defendant, the American Express Company, to recover damages for personal injuries which he claimed to have received in 1881, because of the negligence of one Colvin, who was alleged to be the agent and manager of the defendant’s office at Oshkosh. The complaint alleged that plaintiff was employed by the express company to go with wagon loads of goods to and from the defendant’s Office and the railway depots in Oshkosh,-and to load and unload such goods; that on a certain day Colvin…
1Opinion of the CourtLyoN, C. J.
The complaint contains no averment that Colvin was an incompetent person to drive the team in question, or that there was any defect in the teams, wagons, or appliances for making shipments of goods. It is alleged in the complaint that the driving of the team was a duty of servants employed by the express company, and it is conceded .that, were Colvin an ordinary hired servant of the company, the complaint would be defective in that it fails to charge the company with any negligence or breach of duty to plaintiff in employing him. So we have for determination the single question whether the…
2Cases cited4 opinions
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Howland v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Toner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
3Cited by14 opinions
- Cadden v. American Steel Barge Co.Wisconsin Supreme Court · 1894
- Klochinski v. Shores Lumber Co.Wisconsin Supreme Court · 1896
- Okonski v. Pennsylvania & Ohio Fuel Co.Wisconsin Supreme Court · 1902
- Hartford v. Northern Pacific RailroadWisconsin Supreme Court · 1895
- McMahon v. Ida Mining Co.Wisconsin Supreme Court · 1897
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