Legal Opinion

Hulien v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided May 15, 1900PublishedCited by 7 opinions

Appeal from, a judgment of the superior court of Milwaukee county: OeeeN T. WilliaMs, Judge. The plaintiff sues as administratrix to recover for the-death of Charles Hulien, her husband, which occurred August 3, 1894, at a station called Wittenberg, in Shawano county. The deceased was a locomotive engineer, and was employed as such by the defendant at the time of his death, and had been so employed for eight or nine years previously.

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Appeal from, a judgment of the superior court of Milwaukee county: OeeeN T. WilliaMs, Judge. The plaintiff sues as administratrix to recover for the-death of Charles Hulien, her husband, which occurred August 3, 1894, at a station called Wittenberg, in Shawano county. The deceased was a locomotive engineer, and was employed as such by the defendant at the time of his death, and had been so employed for eight or nine years previously. Upon the day of his death he was operating an engine attached to freight train No. 43 upon the defendant’s-road. This train was going north, and had arrived at…

1Opinion of the CourtWiNslow, J.

We shall consider but one question in this ■case, and that is the question as to whether the plaintiff’s intestate was guilty of contributory negligencé. Upon this questiofi the material facts are that while his train was standing on the passing track, with another train standing within two or three car lengths, whose engine was engaged in switching, the deceased left the cab of his engine with his fireman, and crawled under his engine for the purpose of tightening the wedge which holds the driving box in position, the fireman being engaged at the same time in tightening a jam nut. Before…

2Cited by7 opinions

  1. Butteris v. Mifflin & Linden Mining Co.Wisconsin Supreme Court · 1907
  2. Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914
  3. Buckmaster v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
  4. Hart v. Bangor & Aroostook RailroadSupreme Judicial Court of Maine · 1913
  5. Jacoby v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1908

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