Curtis v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: Óhas. M. Webb, Judge. This action was brought by the plaintiff, as administra-trix of the estate of her deceased husband, William J. Curtis, to recover, against the defendant, the pecuniary damages sustained by reason of his death, caused, as alleged, by the negligence of the defendant company while he was in its employ as yard switchman at Appleton, Wisconsin.
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Appeal from a judgment of the circuit court for Outa-gamie county: Óhas. M. Webb, Judge. This action was brought by the plaintiff, as administra-trix of the estate of her deceased husband, William J. Curtis, to recover, against the defendant, the pecuniary damages sustained by reason of his death, caused, as alleged, by the negligence of the defendant company while he was in its employ as yard switchman at Appleton, Wisconsin. It is alleged that, as such switchman,' it was the duty of the deceased, among other things, to assist in making up trains and switching cars, and to that end to couple…
1Opinion of the CourtPinNey, J.
1. We think that, in view of the evidence, the circuit court rightly denied the defendant’s motion for a non-suit, and also the request that a verdict be directed in favor of the defendant. The substance of the charge of negligence is that the guard rail was constructed, kept, and maintained in a careless and negligent manner, and that the space between it and the main rail was just wide enough to admit the sole and the heel of a boot or shoe, and allow the same to become caught and fastened, and that such space, in the present instance, was negligently and unnecessarily allowed by the…
2Cases cited6 opinions
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Goodrich v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Promer v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- Kennedy v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
- Brady v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1907
- Hennesey v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Quinn v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1898
9 more not listed; retrieve them via the Exa API.