Arneberg v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: A. H. Reid, Circuit Judge. Sigwald Arneberg was instantly killed while occupying a caboose used as a passenger coach which was attached to the end of a logging train. His death occurred through the collision of the caboose with three loaded flat cars which had escaped from a siding or passing track and coasted down a steep grade.
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Appeal from a judgment of the circuit court for Lincoln county: A. H. Reid, Circuit Judge. Sigwald Arneberg was instantly killed while occupying a caboose used as a passenger coach which was attached to the end of a logging train. His death occurred through the collision of the caboose with three loaded flat cars which had escaped from a siding or passing track and coasted down a steep grade. The collision occurred at a logging station called Dun-field, on the line of the defendant railroad company. The flat cars escaped from a switch track at Grundy station, about two miles to the north.…
1Opinion of the CourtJones, J.
It is the first contention of defendant’s counsel that on the undisputed evidence the deceased was not a passenger at the time of his death. They base their claim on the grounds (1) that he boarded the caboose intending to ride to High Landing without paying fare; (2) that he boarded the caboose when it was moving, without the knowledge or consent of any member of the train crew, and was not accepted as a passenger.
Arneberg was rendering important services for his employer, was receiving a salary of $4,000 a year, and at the time of his death had on his person about $100. Although he paid his…
2Cases cited9 opinions
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
- Karr v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1907
- Zimmermann v. MednikoffWisconsin Supreme Court · 1917
- Gabbert v. HackettWisconsin Supreme Court · 1908
- Daley v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1911
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