Stetler v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. The action is to recover damages for injuries sustained by plaintiff while in the service of the defendant company, alleged to have been caused by its negligence. The case has been twice tried. It was before this court on a former appeal, and is reported in 46 Wis., 497. The evidence was substantially the same on both trials. A sufficient statement of the principal facts in the case will be found in that report.
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APPEAL from the Circuit Court for Sauk County. The action is to recover damages for injuries sustained by plaintiff while in the service of the defendant company, alleged to have been caused by its negligence. The case has been twice tried. It was before this court on a former appeal, and is reported in 46 Wis., 497. The evidence was substantially the same on both trials. A sufficient statement of the principal facts in the case will be found in that report. Whatever additional statement is required will be found in the opinion of the court. A special verdict was taken. The following are the…
1Opinion of the CourtLyoN, J.
1. The complaint charges that the defendant company owned, possessed, and operated the railway upon which the plaintiff was injured, and that it carelessly constructed the railway, and suffered it to go uninspected and to get out of repair and in an unsafe condition, by means whereof the plaintiff was injured.' The proof is, that the defendant did not construct the railway, and never owned it, but that it was constructed by Dole & Co. or their grantors, was owned by that firm at the time the plaintiff was injured, and had been owned by them for several years. These facts were proved without…
2Cases cited1 opinion
- Flanders v. CottrellWisconsin Supreme Court · 1875
3Cited by16 opinions
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Heine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
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