Merton v. Michigan Central Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-kesha county: Mahtust L. Lueck, Circuit Judge. Action for personal injury. On the 15th day of July, 1910, the plaintiff, having theretofore purchased transportation over the defendant’s road from Chicago to Niagara Falls .and return, boarded one of its trains at the latter place bound for Chicago. In the evening he entered the toilet room of the car.
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Appeal from a judgment of the circuit court for Wau-kesha county: Mahtust L. Lueck, Circuit Judge. Action for personal injury. On the 15th day of July, 1910, the plaintiff, having theretofore purchased transportation over the defendant’s road from Chicago to Niagara Falls .and return, boarded one of its trains at the latter place bound for Chicago. In the evening he entered the toilet room of the car. While in the act of turning around to close the door upon leaving the room, owing to a sudden swaying movement ■of the train he lost his balance, and, to. avoid falling, thrust his hand against…
1Opinion of the CourtVinje, J.
It is claimed the trial court erred in changing the answer to question 2 from Yes to ETo, thus exonerating defendant from negligence in the construction and operation of the door. The evidence shows that it was made of mahogany; was twenty-two inches wide, six feet four inches high, about an inch and a quarter in thickness, and swung freely on the hinges. In other words, it was the kind of toilet-room door usually found in a Pullman or sleeping car. A door is one of the most' common appliances of civilized man, and its mode of operation is understood by everybody. The door in question was…
2Cases cited12 opinions
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
- Innes v. City of MilwaukeeWisconsin Supreme Court · 1897
- Jensen v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1911
- West v. Bayfield Mill Co.Wisconsin Supreme Court · 1910
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3Cited by15 opinions
- Marsh Wood Products Co. v. Babcock & Wilcox Co.Wisconsin Supreme Court · 1932
- Zartner v. GeorgeWisconsin Supreme Court · 1914
- Chesapeake & Ohio Railway Co. v. HibbsSupreme Court of Virginia · 1925
- Ormond v. Wisconsin Power & Light Co.Wisconsin Supreme Court · 1927
- Brehm v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1922
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