Quackenbush v. Wisconsin & Minnesota Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the failure of the defendant to fence its railroad as required by law. An order overruling a general demurrer to the complaint was affirmed on a former, appeal.
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APPEAL from the Circuit Court for Chippewa County. Action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the failure of the defendant to fence its railroad as required by law. An order overruling a general demurrer to the complaint was affirmed on a former, appeal. See 62 Wis. 411. Upon the trial the jury returned a special verdict and also found generally in favor of the plaintiff, assessing her damages at $5,000. From the judgment entered on the verdict in favor of the plaintiff the defendant appeals. Other facts are stated in the opinion.
1Opinion of the CourtOetoN, J.
The facts of this case are substantially and briefly as follows: The plaintiff was the wife, and brings this suit as administratrix, of Edward 0. Quackenbush, deceased. The deceased was the conductor on a train of flat cars engaged in ballasting the .railroad of the defendant between the stations of Thorp and Oadott, east of Chippewa Falls, about the 8th day of July, 1881. That part of the road had been open for general business since November, 1880. The flat cars had been loaded with surfacing material at a pit lying westerly of Oadott, and was pulled by the engine to a point between the…
2Cited by16 opinions
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Wollman v. RuehleWisconsin Supreme Court · 1899
- State v. LovelessNevada Supreme Court · 1944
- South Bend Chilled Plow Co. v. George C. Cribb Co.Wisconsin Supreme Court · 1900
- Wood v. City of DetroitMichigan Supreme Court · 1915
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