Gager v. Stolle-Barndt Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: A. H. Reid, Circuit Judge. Action to recover for a personal injury. Plaintiff was engaged in a lumbering business at Tripoli, Wisconsin, on the Soo Railroad. The business was served by the railroad company by means of a switch track owned by it whereby freight cars to take out lumber, several at a time if necessary, could be set in to the planing-mill platform from the main track.
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Appeal from a judgment of the circuit court for Lincoln county: A. H. Reid, Circuit Judge. Action to recover for a personal injury. Plaintiff was engaged in a lumbering business at Tripoli, Wisconsin, on the Soo Railroad. The business was served by the railroad company by means of a switch track owned by it whereby freight cars to take out lumber, several at a time if necessary, could be set in to the planing-mill platform from the main track. The practice was for trainmen to place cars at a convenient place for the' lumber company on the switch track and set the brakes and for its servants…
1Opinion of the CourtMaushall, J.
Neither in principle nor authority can we perceive any infirmity in the doctrine wliich the trial court-applied to this case and ruled it, viz.: if a railroad company places a freight car, with brake set, on a sidetrack for the purpose of serving a particular business, the employees there being expected, according to custom, to move the car to the particular point for loading material or articles thereon, the proprietor of such business has a right to presume that it is in suitable condition for use, unless the contrary appears without' particular or technical inspection, in the absence of…
2Cited by5 opinions
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