Davis v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The facts are stated in the opinion. At the close of the testimony the courl! directed a verdict for the defendant, and from the judgment entered thereon the plaintiff appealed. to the point that as the plaintiff was at most a licensee, the company owed to him no specific duty of watchfulness and care, cited, besides the cases cited in the opinion: MeAlpinv. Powell, 10 N. Y., 126; Gillespie v. McGowan, 100 Pa.
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APPEAL from the Circuit Court for Jefferson County. The facts are stated in the opinion. At the close of the testimony the courl! directed a verdict for the defendant, and from the judgment entered thereon the plaintiff appealed. to the point that as the plaintiff was at most a licensee, the company owed to him no specific duty of watchfulness and care, cited, besides the cases cited in the opinion: MeAlpinv. Powell, 10 N. Y., 126; Gillespie v. McGowan, 100 Pa. St., 144; Morgan's. Pa. R. R. Go., 7 Fed. Eep., 18; Lary v. O., G., O. da I R. R. Go., 78 Ind., 323; Bush v. Brainard, 1 Cow., 78;…
1Opinion of the CourtTaylob, J.
The plaintiff brought this action to recover damages resulting to him from the explosion of a steam boiler of the defendant company. The steam boiler which exploded and caused the injury was used for working a pile-driver, and at the time was on a flat car on a side track on the right hand of the main line going north from the depot in the city of Fort' Atkinson. About thirty-five minutes before the explosion took place,-the men in charge of the steam boiler and pile-driver left the same and went into the city to take their dinners. During this thirty-five minutes none of the employees of the…
2Cases cited19 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
14 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Morrison v. CarpenterMichigan Supreme Court · 1914
- Marks v. DelcastilloDistrict Court of Appeal of Florida · 1980
- Louisville, New Albany & Chicago Railway Co. v. PhillipsIndiana Supreme Court · 1887
41 more not listed; retrieve them via the Exa API.