Cummings v. C. W. Noble Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for La Crosse ■county: E. C. Higbee, Circuit Judge. Tbe appeal is from an order overruling a demurrer to tbe complaint.
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Appeal from an order of the circuit court for La Crosse ■county: E. C. Higbee, Circuit Judge. Tbe appeal is from an order overruling a demurrer to tbe complaint. Tbe complaint set forth that J. N. Cummings died on September 12, 1909; that tbe plaintiff was duly appointed and qualified as administratrix of bis estate; that decedent, at tbe time of receiving tbe injuries wbicb produced bis death, was in tbe employ of tbe defendant railway company as a switchman in its yards at tbe e'ity of La Crosse; that the defendant tbe C. W. Noble Company was constructing a sewer alongside of and near to…
1Opinion of the CourtBabites, J.
1. The appellant contends that the deceased was the servant of the railway company; that such company was obliged to furnish him a safe place in which to work; that he was not the servant of the appellant, and the latter owed him no legal duty; and that therefore no right of recovery exists against it because no actionable negligence is shown.
The doctrine contended for would be a harsh if not an inhuman one for the courts to countenance. That a private contractor may place an obstruction so close to railway switch tracks that a switchman, in riding upon a car or an engine while doing his…
2Cases cited6 opinions
- Boyce v. Wilbur Lumber Co.Wisconsin Supreme Court · 1903
- Compty v. C. H. Starke Dredge & Dock Co.Wisconsin Supreme Court · 1906
- Olson v. Phoenix Manufacturing Co.Wisconsin Supreme Court · 1899
- Hendrickson v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
- Lippert v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hall v. Barber Door Co.California Supreme Court · 1933
- Rush v. HunzikerIndiana Supreme Court · 1940
- Handley v. Capital Co.California Court of Appeal · 1957
- Lewandowski v. McClintic-Marshall Construction Co.Wisconsin Supreme Court · 1914