Hurley v. Chicago & Northwestern Railway Co.

The trial court overruled the demurrer on the strength of Franke v. C. & N. W. R. Co. 170 Wis. 71, 173 N. W. 701. The rule announced in that ease was abrogated in Beebe v. M., St. P. & S. S. M. R. Co. 175 Wis. 234, 182 N. W. 743, 185 N. W. 177, to conform to the rule announced in Missouri Pac. R. Co. v. Ault, 256 U. S. 554, 41 Sup. Ct. 593. It is therefore now the law in this state that a railway company is not liable for negligence occasioned in the operation of its road while under the control of the director general of'railroads and that it is not a proper party to such an action. Beebe v.…