Kelleher v. Milwaukee & Northern Railroad
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown County. Action by respondent, as administrator, on account of tbe death of bis son, a minor, nineteen years and eight months of age. Tbe deceased was a switchman in defendant’s yard at Green Bay, and was killed April 12, 1890. On that day tbe switch engine, with deceased and two other switchmen, was sent to remove a mail car and coal car from a side track in the yard.
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APPEAL from tbe Circuit Court for Brown County. Action by respondent, as administrator, on account of tbe death of bis son, a minor, nineteen years and eight months of age. Tbe deceased was a switchman in defendant’s yard at Green Bay, and was killed April 12, 1890. On that day tbe switch engine, with deceased and two other switchmen, was sent to remove a mail car and coal car from a side track in the yard. This side track was the outside track in the yard, and a coal-shed stood near it; from which passenger and mail cars were supplied with coal when switched onto this track for that purpose.…
1Opinion of the CourtWiNsnow, J.
The trial seems to have been in all respects fair. No exceptions are urged either to the rulings upon testimony or to the instructions of the court. The facts are not in dispute, but the appellant urges: First, that there is no sufficient finding of defendant’s negligence; second, that the defendant was not negligent; third, that plaintiff assumed the risk, and was guilty of contributory negligence.
The jury found that the shed was so close to the track as to render the place unnecessarily dangerous to employees in performing their duties. It is objected that the true test is not whether it…
2Cases cited2 opinions
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Bessex v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
3Cited by17 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Promer v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- Renne v. United States Leather Co.Wisconsin Supreme Court · 1900
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ParishIndiana Court of Appeals · 1902
- Colf v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
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