Hennesey v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: G-eo. E. Sutherland, Judge. The plaintiff is the widow and administratrix of one James Hennesey, deceased, who was killed March 19, 1895,, in the yards of the defendant in Milwaukee, and she brings this action to recover damages for his death.
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Appeal from a judgment of the superior court of Milwaukee county: G-eo. E. Sutherland, Judge. The plaintiff is the widow and administratrix of one James Hennesey, deceased, who was killed March 19, 1895,, in the yards of the defendant in Milwaukee, and she brings this action to recover damages for his death. The ground of liability claimed is that the deceased, while performing his duties, caught his foot in an open ditch negligently main- ' tained in the yard, and was consequently killed. The evidence showed that the defendant has three yards, at Milwaukee, one near the passenger station on…
1Opinion of the CourtWinslow, J.
The defendant claims here, as it claimed below, that no case was made by the plaintiff, because (1) the evidence showed no negligence on its part; (2) the plaintiff’s intestate assumed the risk; and (3) because he was guilty of contributory negligence.
*115We are unable to say, as matter of law, that a verdict should have been directed upon either of these grounds* The evidence was entirely sufficient to take to the jury the-question whether leaving an open ditch in a railroad yard of the width and depth of the one in question, under and at the side of the track where switchmen would naturally…
2Cases cited6 opinions
- Darcey v. Farmers' Lumber Co.Wisconsin Supreme Court · 1894
- Duthie v. Town of WashburnWisconsin Supreme Court · 1894
- Kucera v. Merrill Lumber Co.Wisconsin Supreme Court · 1895
- Colf v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
- Curtis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Hacker v. HeineyWisconsin Supreme Court · 1901
- Kamp v. Coxe Bros. & Co.Wisconsin Supreme Court · 1904
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
17 more not listed; retrieve them via the Exa API.