Bessey v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. This is an action to recover damages' for personal injuries suffered by tbe plaintiff while in defendant’s employ as an air-bose coupler in making up a freight train.. On tbe evening of tbe day when tbe injury was received plaintiff was engaged as one of defendant’s air-bose couplers in making up a freight train in defendant’s railroad yards at Eond du Lac, Wisconsin.
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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. This is an action to recover damages' for personal injuries suffered by tbe plaintiff while in defendant’s employ as an air-bose coupler in making up a freight train.. On tbe evening of tbe day when tbe injury was received plaintiff was engaged as one of defendant’s air-bose couplers in making up a freight train in defendant’s railroad yards at Eond du Lac, Wisconsin. Tbe destination of this train was Chicago by direct route from Eond du Lac. Under tbe rules of tbe company such trains were to be…
1Opinion of the Court
The following opinion was filed April 29, 1913:
SiebecKeb, J.
It is contended that the finding of the jury that the plaintiff’s signature to the release in question was procured by the fraud or the misrepresentation of the defendant’s agent is not sustained by the evidence. It is declared in repeated adjudications of this court that if a party to a written instrument was induced to sign it by relying on false and fraudulent representations and he was guilty of no negligence in failing to ascertain what the instrument in fact was, he is not bound by it. Dowagiac Mfg. Co. v. Schroeder, 108 Wis.…
2Cases cited5 opinions
- Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Steffen v. Supreme Assembly of the DefendersWisconsin Supreme Court · 1907
- Dowagiac Manufacturing Co. v. SchroederWisconsin Supreme Court · 1900
- Demark v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
- Richards v. MillardWisconsin Supreme Court · 1911
3Cited by7 opinions
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- Dovich v. Chief Consolidated Mining Co.Utah Supreme Court · 1918
- Pope v. Bailey-Marsh Co.North Dakota Supreme Court · 1914
- Florida Power & Light Co. v. HornSupreme Court of Florida · 1930
- Hanley v. HinesWisconsin Supreme Court · 1922
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