Hulehan v. Green Bay, Winona & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. . The action is to recover for personal injuries to the plaintiff, alleged to have been caused by the negligence of the defendant company. The circuit court overruled a general demurrer to the complaint, and this appeal is by the defendant from the order overruling the demurrer.
Read the full summary
APPEAL from the Circuit Court for Wood County. . The action is to recover for personal injuries to the plaintiff, alleged to have been caused by the negligence of the defendant company. The circuit court overruled a general demurrer to the complaint, and this appeal is by the defendant from the order overruling the demurrer. It is alleged in the complaint that on November 18, 1882, and for several years prior thereto, the plaintiff had been, and then was, in the employ of the defendant as brakeman; that his duty as such required him to go between freight and other cars for the purpose of…
1Opinion of the CourtLyoN, J.
The learned counsel for the defendant company frankly admit in their argument that if the facts stated in the complaint in this action are sufficient to bring the case within the rule of Dorsey v. Construction Co., 42 Wis., 585, or of Bessex v. C. & N. W. R’y Co., 45 Wis., 477, the demurrer was properly overruled. But they seek to distinguish this case from both the above cases, and-the grounds of distinction urged (if we correctly understand their argument) are that the averments of the complaint herein show conclusively (1) that the plaintiff himself was guilty of negligence which…
2Cases cited1 opinion
- Bessex v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
3Cited by8 opinions
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Cadden v. American Steel Barge Co.Wisconsin Supreme Court · 1894
- Renne v. United States Leather Co.Wisconsin Supreme Court · 1900
- Toner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.