Ean v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: R. N. AustiN, Judge. Action to recover damages for tbe death of George Ean, alleged to have been caused by the negligence of defendant’s employees.
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Appeal from a judgment of tbe superior court of Milwaukee county: R. N. AustiN, Judge. Action to recover damages for tbe death of George Ean, alleged to have been caused by the negligence of defendant’s employees. It is alleged in the complaint that on the 14th day of November, 1894, deceased was at work for defendant in its freight house in the Fourth ward of the city of Milwaukee, as a freight handler; that it was one of his duties to aid, when requested by the agent in charge of such freight house, in moving cars from points on defendant’s tracks near such freight house down in front of…
1Opinion of the CourtMarshall, J.
It needs no discussion to demonstrate from-< the record in this case that, if any negligence is alleged in the complaint as the proximate cause of the death of the-testator,itwas the negligence of an employee of the defendant; hence no right of action exists in favor of the plaintiff,, unless the deceased, had he lived, could have recovered damages for his injury, of the defendant. It does not appear-upon what ground the learned judge of the superior court sustained the demurrer ore tenus, but from the briefs of counsel we assume that his decision was based upon the-ground, among others, that…
2Cases cited9 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Morse v. GilmanWisconsin Supreme Court · 1863
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
- Miller v. BayerWisconsin Supreme Court · 1896
- Flanders v. McVickarWisconsin Supreme Court · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Emerson v. NashWisconsin Supreme Court · 1905
- Hawkins v. SmithSupreme Court of Missouri · 1912
- Roe v. WinstonSupreme Court of Minnesota · 1902
- Benson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1899
9 more not listed; retrieve them via the Exa API.