McClarney v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. Action to recover damages for personal injuries alleged to have been sustained by reason of the defendant’s negligence. The facts will sufficiently appear from the opinion. There was a verdict in favor of the plaintiff assessing his damages at $15,000, and from the judgment entered thereon the defendant appeals.
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APPEAL from the Circuit Court for Eau Claire County. Action to recover damages for personal injuries alleged to have been sustained by reason of the defendant’s negligence. The facts will sufficiently appear from the opinion. There was a verdict in favor of the plaintiff assessing his damages at $15,000, and from the judgment entered thereon the defendant appeals. They contended, inter alia, that the allegations of negligence were not sustained by the proof, and the court should have directed a verdict for the defendant. There was no testimony showing the condition of the track, at the place…
1Opinion of the CourtCole, C. J.
The plaintiff bases his right to recover damages for the injury which he sustained on the negligence of the defendant company to keep its track in a safe' and proper condition. The particular negligence alleged in the complaint was its failure to keep the flanges of the rail properly cleared from ice, snow, dirt, and rubbish, and in allowing the spaces between the tracks to become filled with snow, ice, and dirt, so that the track was dangerous to those operating its road. The plaintiff was yard-master of the station where he was injured, and his duties consisted in making up trains, handling…
2Cases cited2 opinions
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Hulehan v. Green Bay, Winona & St. Paul RailroadWisconsin Supreme Court · 1887
3Cited by7 opinions
- Cadden v. American Steel Barge Co.Wisconsin Supreme Court · 1894
- Montanye v. Northern Electrical Manfacturing Co.Wisconsin Supreme Court · 1906
- Kennedy v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1896
- Jarnek v. Manitowoc Coal & Dock Co.Wisconsin Supreme Court · 1897
- Wickham v. Detroit United RailwayMichigan Supreme Court · 1910
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