Orttel v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Hacine county: Frank M. Fish, Circuit Judge. This action was brought by the plaintiff to recover damages for an injury received by him in defendant’s yard and on its tracks in Kacine, Wis., and while in its employ as a switchman.
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Appeal from a judgment of the circuit court for Hacine county: Frank M. Fish, Circuit Judge. This action was brought by the plaintiff to recover damages for an injury received by him in defendant’s yard and on its tracks in Kacine, Wis., and while in its employ as a switchman. The complaint, after setting out the duty of the defendant to provide good and safe cars, with good and safe machinery and apparatus, and to maintain its yards and tracks in good, safe, and secure condition, charged the defendant with negligence in permitting the brakes of two certain cars, operated in and about the…
1Opinion of the CourtPiNNET, J.
The finding of the jury is, in substance, that the presence of ice on the outside of the track at the place-of the accident was the efficient cause of the plaintiff’s injury ; but there is no finding that this was owing to any fault or negligence on the part of the defendant, nor is it found that the track, by reason of such ice, was rendered.' unsafe or dangerous to those engaged in operating the defendant’s cars. That the plaintiff was not entitled to a judgment on such defective verdict is well settled (Kelley v. C., M. & St. P. R. Co. 58 Wis. 74, 77; Sherman v. Menominee R. L. Co. 77 Wis.…
2Cases cited6 opinions
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Hulehan v. Green Bay, Winona & St. Paul RailroadWisconsin Supreme Court · 1887
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
- Pease v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Beaton v. City of MilwaukeeWisconsin Supreme Court · 1897
- Strasser v. GoldbergWisconsin Supreme Court · 1904
- Morrison v. City of MadisonWisconsin Supreme Court · 1897
- Barutio v. DowlingWisconsin Supreme Court · 1925
- La Fave v. City of SuperiorWisconsin Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.