Meo v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Kenosha county: E. B. Belden, Circuit Judge. Action for personal injuries.
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Appeal from a judgment of tbe circuit court for Kenosha county: E. B. Belden, Circuit Judge. Action for personal injuries. A section gang, of which plaintiff was a member, having been engaged in replacing old rails at some distance south of Kenosha, loaded the old rails upon a handcar and transported them to Kenosha, and, with the handcar standing upon the main track, were engaged in removing the rails to the ground; plaintiff standing astride of the west rail of the railroad track in order to lift and move the rail in question. The latter was suddenly dropped or thrown to the ground, whether…
1Opinion of the CourtDodge, J.
Tb'e first contention to tbe effect that no negligence on tbe part of plaintiff’s fellow-servants was shown must be overruled. Tbe whole situation was before tbe jury, including plaintiff’s position of peril. Tbe question whether the men dropped the rail before tbe usual command bad been given them was in conflict, and tbe inference whether tbe state of facts as found by the jury was such as to constitute negligence was one about which we think reasonable minds might differ.
It is urged that the injury is not within tbe description of sec. 1816, Stats. (1898), as amended by ch. 448, Laws of…
2Cases cited2 opinions
- Chicago, Kansas & Western Railroad v. PontiusSupreme Court of the United States · 1895
- Hardt v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1907
3Cited by4 opinions
- Cules v. Northern Pacific Railway Co.Washington Supreme Court · 1919
- Lammars v. Chicago Great Western RailroadSupreme Court of Iowa · 1913
- Nordean v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1912
- Munia v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1917