Anderson v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Crawford County. The complaint alleges that the plaintiff was an employee of the defendant, and in the course of his service, suffered personal injuries in the state of Iowa, through the negligence of another employee of the defendant company; that the law of the state of Iowa at the time of the injury was, since has been, and is, as follows: “ Every railroad company shall be liable for all damages sustained by any person, including…
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APPEAL from the Circuit Court for Crawford County. The complaint alleges that the plaintiff was an employee of the defendant, and in the course of his service, suffered personal injuries in the state of Iowa, through the negligence of another employee of the defendant company; that the law of the state of Iowa at the time of the injury was, since has been, and is, as follows: “ Every railroad company shall be liable for all damages sustained by any person, including employees of the company, in consequence of any neglect of the agent, or by any mismanagement of the engineer, or other employee…
1Opinion of the CourtRyan, C. J.
The appellant, being a servant of the respondent, sues for personal injuries suffered by him, in the course of his service, through negligence of his fellow servant, in the state of Iowa; and, in support of his a'ction, pleads a statute of that state, making railroad companies liable in such cases.
The subject was deliberately considered and reconsidered here; and it is now the settled law of this court that such an action will not lie in this state. Chamberlain v. M. & M. R. R. Co., 7 Wis., 425; S. C., 11 id., 238; Moseley v. Chamberlain, 18 id., 700; Cooper v. M. & P. du C. R. R. Co., 23…
2Cases cited4 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Lemmon v. . People.New York Court of Appeals · 1860
- Scoville v. CanfieldNew York Supreme Court · 1817
- Chamberlain v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
3Cited by21 opinions
- Wilcox v. WilcoxWisconsin Supreme Court · 1965
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
- Burns v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1888
- Zelinger v. State Sand & Gravel Co.Wisconsin Supreme Court · 1968
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