Wedgwood v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. This was an action to recover for injuries suffered by the plaintiff in the course of his employment as a brakeman upon a freight train on a division of defendant’s road in the state of Illinois.
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APPEAL from the Circuit Court for Saule County. This was an action to recover for injuries suffered by the plaintiff in the course of his employment as a brakeman upon a freight train on a division of defendant’s road in the state of Illinois. “ The complaint states in,, substance, that the plaintiff was in the employ of the defendant as brakeman on a freight train over a division of its road; that it was his duty, whenever occasion should require, to go between the freight cars and couple them together with such machinery, appliances and fixtures as the defendant provided; and that in…
1Opinion of the CourtCole, J.
It seems to us that the complaint states a good canse of action. It is a settled principle that the law imposed upon the defendant the duty of supplying and maintaining suitable cars and appliances for operating its road; and the company was bound to take due care, and use all reasonable means, to guard against defects in its locomotives and cars, which would endanger the lives and limbs of its servants, and employees while in the performance of their duties. H umerous authorities might be cited on this point, if necessary; but many of the cases will be found in the brief of respondent’s…
2Cases cited2 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Strahlendorf v. RosenthalWisconsin Supreme Court · 1872
3Cited by15 opinions
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Flynn v. Kansas CitySupreme Court of Missouri · 1883
- Bessex v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Hulehan v. Green Bay, Winona & St. Paul RailroadWisconsin Supreme Court · 1887
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