Bessex v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action to recover damages for an injury sustained by plaintiff wliile in the employ of the defendant.
Read the full summary
APPEAL from the Circuit Court for Fond du Lao County. Action to recover damages for an injury sustained by plaintiff wliile in the employ of the defendant. The case is thus stated by Mr. Justice Taylob: “ The injury is alleged to have been caused by defendant’s negligence in permitting the ground in the immediate vicinity of a side-track of its road, where plaintiff, in the course of his employment, was required to pass and repass in moving cars, to' become so obstructed as to render it unneeessariiy dangerous to him in the performance of his duties. “ The evidence shows that plaintiff was…
1Opinion of the CourtTaylob, J.
We are of the opinion that the learned circuit judge erred in refusing to submit the case to the jury. The grounds relied on in the court below, and in this court, to sustain the nonsuit, are: first, that the negligence, if there was any shown, was the negligence of a coemployee, and not the negligence of the defendant; and second, that the evidence shows that negligence of the plaintiff contributed directly to the injury.
The gravamen of the plaintiff’s action, as stated in his complaint, is, that the defendant was guilty of negligence in permitting its way, which the plaintiff, by virtue of…
2Cases cited10 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Central Railroad v. DeBraySupreme Court of Georgia · 1883
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
25 more not listed; retrieve them via the Exa API.