Cooper v. Milwaukee & Prairie du Chien Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action by an administrator, under the statute, for injuries to the person of his decedent, causing death. John Cooper, the deceased, while in the employ of the defendant as a brakeman, and serving as such on a train, was killed in consequence of the train running into a gap in the road, caused by the removal of rails for the purpose of making repairs.
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APPEAL from the Circuit Court for Milwaukee County. Action by an administrator, under the statute, for injuries to the person of his decedent, causing death. John Cooper, the deceased, while in the employ of the defendant as a brakeman, and serving as such on a train, was killed in consequence of the train running into a gap in the road, caused by the removal of rails for the purpose of making repairs. The complaint charges the company with negligence in not1 keeping the road in a safe condition, and in not having, by its officers and agents engaged upon said repairs, caused proper notice of…
1Opinion of the Court
DixoN, 0. J.
It was no doubt negligence in the flagman to put up the flag west of the bridge, and so near to the place where the rails were taken up. If he had crossed the bridge, and gone to the first curve east of it, and put up the flag there, so that it could have been seen upon the straight line of road beyond, it seems morally certain that the fatal accident of which the plaintiff complains, and by which his intestate lost his life, would never have happened. It may also have been negligence in the section foreman, that he did not direct the flagman to go to the proper place beyond the…
2Cited by20 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Ell v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
- Hoth v. PetersWisconsin Supreme Court · 1882
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