Jacoby v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Abbeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Circuit Judge. This action is brought to recover damages for an injury sustained by the plaintiff while engaged in repairing a car that was out of order.
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Abbeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Circuit Judge. This action is brought to recover damages for an injury sustained by the plaintiff while engaged in repairing a car that was out of order. The alleged negligence of the defendant consisted in moving an engine upon the track on which the car stood that was being repaired, without any warning or precaution, whereby said car was suddenly moved, and plaintiff, in consequence of such movement, was injured. It was also alleged that defendant was negligent in failing to provide any protection against the…
1Opinion of the Court
BarNes, J".
At the time of the accident plaintiff was twenty-two years of age. He had worked around engines, helping machinists and doing other light work, for about four years before he was injured. He had commenced work as a car-repairer about two months before he was hurt. Before commencing work as a car-repairer he was advised of a notice and rule of the defendant company which read:
“Special Notice.
“To foremen and car-repairers: '
“Oar-repairers, inspectors, and other employees of this ■ department, who have occasion to work on or about cars, are strictly forbidden to commence work on any…
2Cases cited1 opinion
- Hulien v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
3Cited by1 opinion
- Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914