Legal Opinion

Kelley v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided September 27, 1881PublishedCited by 11 opinions

APPEAL from the County Court of Milwauicee County. The ease is thus stated by Mr. Justice Taylob: “This action is brought by the administrator of John Lar-kin, deceased, to recover damages of the defendant for negligently causing the death of said deceased. The record shows that, at the time of receiving the injury which caused his death, the deceased was, and for some time previous thereto had been, in the employ of the railway company.

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APPEAL from the County Court of Milwauicee County. The ease is thus stated by Mr. Justice Taylob: “This action is brought by the administrator of John Lar-kin, deceased, to recover damages of the defendant for negligently causing the death of said deceased. The record shows that, at the time of receiving the injury which caused his death, the deceased was, and for some time previous thereto had been, in the employ of the railway company. The complaint charges the injury to have happened, first, by reason of the carelessness of the railway company; second, through the carelessness and…

1Opinion of the CourtTaylor, J.

There was no bill of exceptions settled in the ease, and this appeal brings up only the pleadings, verdict, motion for judgment, and judgment.

Larkin, the deceased, was injured and died while sec. 1816, R. S., was in force, which made the company liable to its em*77ployees for injuries occurring through the negligence of its .other agents or servants.

Without, setting out at length the thirty questions submitted to the jury for them to answer as their special verdict, it is sufficient for the purposes of this case to state that the jury have not found by their special verdict that the defendant…

2Cases cited8 opinions

  1. Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
  2. Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
  3. Baxter v. RobertsCalifornia Supreme Court · 1872
  4. Strahlendorf v. RosenthalWisconsin Supreme Court · 1872
  5. Lemke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
  2. Hoth v. PetersWisconsin Supreme Court · 1882
  3. Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
  4. Union Stock-Yards Co. v. GoodwinNebraska Supreme Court · 1898
  5. Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1887

6 more not listed; retrieve them via the Exa API.

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