Hendrickson v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Wau-paca county: Chas. M. Webb, Circuit Judge. This is an action for damages for personal injuries alleged to be due to the negligence of the servants of the defendant railway company. Plaintiff was the foreman of the quarry crew of the Wisconsin Granite Company at Waupaca. As-such foreman he had charge of the loading of railroad cars with the crushed granite from the quarry.
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Appeal from a judgment of tlie circuit court for Wau-paca county: Chas. M. Webb, Circuit Judge. This is an action for damages for personal injuries alleged to be due to the negligence of the servants of the defendant railway company. Plaintiff was the foreman of the quarry crew of the Wisconsin Granite Company at Waupaca. As-such foreman he had charge of the loading of railroad cars with the crushed granite from the quarry. The crusher of the granite company is about eighteen feet below the level of' the main line of track of the defendant. The bins containing the crushed granite are over a…
1Opinion of the Court
The following opinion was filed October 5, 1909:
SibbbckeR, J.
The facts disclose no express authority in the conductor to employ plaintiff to assist in the conduct of defendant’s business. Nor do the facts and circumstances show a condition which warrants the inference that a sudden emergency had arisen in the doing of defendant’s business which necessitated plaintiff’s employment to conduct the-defendant’s business. Since there is no ground shown upon which plaintiff can be held to have been the servant of the defendant at the time of accident, no liability for this injury can exist within…
2Cases cited44 opinions
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Eason v. S. & E. T. R'y Co.Texas Supreme Court · 1886
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Smalley v. Rio Grande Western Ry. Co.Utah Supreme Court · 1908
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
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3Cited by6 opinions
- Boardman v. LorentzenWisconsin Supreme Court · 1914
- Sikora v. Great Northern Railway Co.Wisconsin Supreme Court · 1939
- Baltimore & Ohio Railroad v. EngleCourt of Appeals of Maryland · 1925
- Cummings v. C. W. Noble Co.Wisconsin Supreme Court · 1910
- Brennan v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.