Steber v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lang-lade county: John Goodland, Circuit Judge. This is an action to recover damages for the death of JacobZahradnik, a car-repairer employed by the defendant. The-general direction of the railroad tracks maintained by the defendant at Antigo, Wisconsin, is north and south. On the east lie its main track and switch tracks and on the west lie-the machine-shop tracks.
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Appeal from a judgment of the circuit court for Lang-lade county: John Goodland, Circuit Judge. This is an action to recover damages for the death of JacobZahradnik, a car-repairer employed by the defendant. The-general direction of the railroad tracks maintained by the defendant at Antigo, Wisconsin, is north and south. On the east lie its main track and switch tracks and on the west lie-the machine-shop tracks. Between these sets of tracks lie three parallel tracks which are used as repair tracks. These-repair tracks are numbered from the east and are known as-Nos. 1, 2, and 3. These tracks…
1Opinion of the CourtSiebecker, J.
The court properly refuted to nonsuit the plaintiff. At this stage of the trial it appeared that the de*13ceased had been employed as a car-repairer for the defendant and at the time of the accident was employed by its direction under a car placed on one of its repair tracks in defendant’s-yards, and that while so engaged in his duty another car was-switched onto this repair track and collided with the car under which deceased was at work, moving it and thereby causing; his death. This state of the proof was pregnant with a carelessness in the conduct of defendant’s business which…
2Cases cited4 opinions
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
- Allen v. MurrayWisconsin Supreme Court · 1894
- Hart v. GodkinWisconsin Supreme Court · 1904
- Polaski v. Pittsburgh Coal Dock Co.Wisconsin Supreme Court · 1908
3Cited by12 opinions
- Wawrzyniakowski v. Hoffman & Billings Manufacturing Co.Wisconsin Supreme Court · 1911
- Anderson v. SparksWisconsin Supreme Court · 1910
- John E. DeWolf Co. v. HarveyWisconsin Supreme Court · 1915
- Lomoe v. Superior Water, Light & Power Co.Wisconsin Supreme Court · 1911
- Pern v. WussowWisconsin Supreme Court · 1911
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