Pool v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. Action for injuries received by the plaintiff while being transported on a band-car on defendant’s road, and alleged to have been caused by the negligence of defendant’s servants. The essential averments of tbe complaint will appear from the opinion. Tbe defendant appealed from an order overruling its general demurrer to tbe complaint.,
1Opinion of the CourtCole, C. J.
1. We think there was no error in overruling tbe demurrer to tbe complaint. Tbe plaintiff was injured while being transported over the defendant’s road from Portage City to Kdlbourn City on a hand-car. Tbe able and ingenious counsel for the defendant says that the company is not a common carrier by hand-cars, and is not chargeable with tbe liability of a carrier by that mode of transit. Tbe correctness of this proposition may be conceded as a general rule. But tbe complaint states that plaintiff at divers times bad been employed by the defendant to assist in ferreting out tliefts, where…
2Cases cited2 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Downey v. HendrieMichigan Supreme Court · 1881
3Cited by16 opinions
- Lake Shore & Michigan Southern Railroad v. BrownIllinois Supreme Court · 1887
- Cincinnati, Hamilton & Indianapolis Railroad v. CarperIndiana Supreme Court · 1887
- City of Milwaukee v. AlthoffWisconsin Supreme Court · 1914
- Downey v. C. & O. Railway Co.West Virginia Supreme Court · 1886
- Hoth v. PetersWisconsin Supreme Court · 1882
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