Legal Opinion

Peschel v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided March 3, 1885PublishedCited by 36 opinions

APPEAL from the Circuit Court.for Jefferson County. Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant and its 'agent and foreman, one Brooks. The facts as they were shown by the 'evidence and found by the jury will sufficiently appear from the opinion.

Read the full summary

APPEAL from the Circuit Court.for Jefferson County. Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant and its 'agent and foreman, one Brooks. The facts as they were shown by the 'evidence and found by the jury will sufficiently appear from the opinion. In addition to a special verdict, the jury found generally in favor of the plaintiff and assessed his damages at $10,500. A motion for a new trial was denied, paid from the judgment entered on the verdict the defendant appealed.

1Opinion of the Court

*340The following opinions were filed November 6, 1884:

Colb, C. J.

The learned counsel on both sides concede that this court, in repeated decisions, has decisively settled these propositions of law: (1) That it is a duty which the master owes his servant to furnish such servant with reasonably suitable and safe machinery, means, and appliances'for doing the work which the servant is required to do, as welL as a reasonably safe working place; that this duty being one which the master is positively bound to perform, in the first instance, he cannot be excused from its performance by intrusting it to…

2Cases cited46 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Crispin v. . BabbittNew York Court of Appeals · 1880
  3. Armour v. HahnSupreme Court of the United States · 1884
  4. Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
  5. Fuller v. . JewettNew York Court of Appeals · 1880

41 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
  2. Callan v. BullCalifornia Supreme Court · 1896
  3. Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
  4. Burns v. Sennett & MillerCalifornia Supreme Court · 1893
  5. Lindvall v. WoodsSupreme Court of Minnesota · 1889

31 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API