Haring v. Great Northern Railway Co.
Wisconsin Supreme Court
' Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNJE, Circuit Judge. Tbis is an action for damages arising out' of tbe death of plaintiff’s intestate, alleged to have been due to tbe negligence of tbe defendant.
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' Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNJE, Circuit Judge. Tbis is an action for damages arising out' of tbe death of plaintiff’s intestate, alleged to have been due to tbe negligence of tbe defendant. Tbe complaint alleges: “That on tbe 2d day of July, 1907, tbe plaintiff’s intestate, J. M. Haring, was engaged in tbe performance of his duties as a switchman for the defendant in its said yards at Superior, Wisconsin; that at said time and place one of the defendant’s large freight cars was being moved and pushed upon said switch track by the side of said…
1Opinion of the CourtSiebecKER, J.
Tbe appellant contends tbat tbe trial court erred in dismissing tbe complaint, in bolding tbat tbe evidence, as matter of law, showed tbat defendant was not negligent, and tbat plaintiff was chargeable with contributory negligence. It is urged tbat tbe defendant was negligent in not providing a sufficient working space between all parts of the car and tbe edge of the freight platform along tbe curve adjacent to tbe track. The proof is tbat the platform is so located tbat it provides only sufficient space between moving freight cars and tbe edge of tbe platform to prevent contact between them,…
2Cases cited4 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Hemmingsen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1908
3Cited by10 opinions
- Terminal R. Ass'n of St. Louis v. FitzjohnCourt of Appeals for the Eighth Circuit · 1948
- Disher v. Chicago, Rock Island & Pacific Railway Co.Nebraska Supreme Court · 1913
- Morris v. PryorSupreme Court of Missouri · 1917
- Pankey v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
- Ellis v. Union Pacific RailroadNebraska Supreme Court · 1945
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