Cole v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The case is stated in the opinion. To the point that the plaintiff should have alleged that he had no knowledge of the carelessness or unskilfulness of the engineer or of the defects in the engine, they cited D unmead v. A. M. Mining Oo. 4 McCrary, 245; Buzzed v. Laconia Manuf’g Go. 48 Me. 113; M. R. do L. F. R. Go. v. Barber, 5 Ohio St. 541; G. R. <& B. Oo. v. Kenney, 58 Ga. 485. They argued, inter alia, that plaintiff’s…
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APPEAL from the Circuit Court for Fond du Lao County. The case is stated in the opinion. To the point that the plaintiff should have alleged that he had no knowledge of the carelessness or unskilfulness of the engineer or of the defects in the engine, they cited D unmead v. A. M. Mining Oo. 4 McCrary, 245; Buzzed v. Laconia Manuf’g Go. 48 Me. 113; M. R. do L. F. R. Go. v. Barber, 5 Ohio St. 541; G. R. <& B. Oo. v. Kenney, 58 Ga. 485. They argued, inter alia, that plaintiff’s knowledge that the engineer was careless and unskilful and the engine defective has no bearing upon defendant’s…
1Opinion of the CourtLyoN, J.
This appeal is from an order overruling a general demurrer to the complaint. The action is for personal injuries alleged to have been caused by the negligence of the defendant company.
The complaint alleges, inter alia, that the plaintiff was in the service of the defendant, and was sent by competent authority to switch cars in the yard of the company; that in doing so it became his duty to couple a car to a locomotive engine; that the engineer employed to operate the locomotive was careless and unskilful, to defendant’s knowledge; that such locomotive was so worn, broken, and decayed that it…
2Cited by1 opinion
- International & Great Northern Railway Co. v. HarrisTexas Supreme Court · 1902