McVoy v. Oakes
Wisconsin Supreme Court
Appeal from an order of the superior court of Douglas county: OhaRles Smith, Judge. The appeal is from an order oyerruling a general demurrer to the. complaint. The defendants are the receivers of the Northern Pacific Railroad Company.
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Appeal from an order of the superior court of Douglas county: OhaRles Smith, Judge. The appeal is from an order oyerruling a general demurrer to the. complaint. The defendants are the receivers of the Northern Pacific Railroad Company. The complaint, in addition to appropriate allegations to show the liability of the defendants if plaintiff is entitled to recover at all, alleges, in substance, that on the 4th day of October, 1893, plaintiff’s ward, a little boy seven years of age, while on his way home from school, had traveled out of the public way along the railway track for some distance,…
1Opinion of the CourtMaRshall, J.
According to the allegation of the complaint, defendants’ servants, with knowledge that the plaintiff’s ward, a boy of such tender years that he could not be *217held to a very high degree of care, too young certainly to be held guilty of contributory negligence as a'matter of law, was in a dangerous situation, recklessly and wantonly gave speed to the moving train, and suddenly jerked the child from his feet and threw him under the cars. It needs no-argument or citation of authority to support the proposition that such conduct, under the circumstances alleged, constitutes actionable negligence.…
2Cases cited1 opinion
- Bottoms v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1894
3Cited by5 opinions
- Baxter v. City of Cedar RapidsSupreme Court of Iowa · 1897
- Davis' Admr. v. Ohio Valley Banking & Trust Co.Court of Appeals of Kentucky · 1908
- Carmer v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Holdridge v. MendenhallWisconsin Supreme Court · 1900
- Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900