Pool v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. The case is thus stated by Mr. Justice Tatloe: This case was before this court on an appeal from an order overruling a demurrer to the plaintiff’s complaint, and upon such appeal it was held the complaint stated a cause of .action. 53 Wis., 657. The cause was remitted and the defendant answered.
Read the full summary
APPEAL from the Circuit Court for Sauk County. The case is thus stated by Mr. Justice Tatloe: This case was before this court on an appeal from an order overruling a demurrer to the plaintiff’s complaint, and upon such appeal it was held the complaint stated a cause of .action. 53 Wis., 657. The cause was remitted and the defendant answered. A trial was had upon the merits, and a verdict rendered in favor of the plaintiff, upon which judgment was entered, and the defendant again appeals. In order to fully understand what was determined by this court on the former appeal, it is necessary that…
1Opinion of the CourtTaylob, J.
Upon the former appeal it was argued by the learned counsel for the appellant, as it is on this, that the defendant is not a common carrier of passengers by handcars, and that the plaintiff, having consented to travel by such car, assumed all the risks and dangers incident thereto. The chief justice, who delivered the opinion on the first appeal, answers this claim on the part of the company as follows : “ The correctness of this proposition may be conceded as a general rule. But the complaint states that the plaintiff at divers times had been employed by the defendant to assist in ferreting…
2Cases cited2 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
3Cited by9 opinions
- Louisville & Nashville Railroad v. KellyIndiana Supreme Court · 1883
- Davidson v. Pittsburg, C. C. & St. L. Ry. Co.West Virginia Supreme Court · 1895
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Evansville & Terre Haute Railroad v. AthonIndiana Court of Appeals · 1893
- McKeon v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.