Legal Opinion

Kiley v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided March 9, 1909PublishedCited by 48 opinions

Appeal from an order of tbe circuit court for Brown county: S. D. Hastings, Circuit Judge. Plaintiff brings this action for tbe recovery of tbe damages alleged to bave been suffered by reason of tbe loss of an eye and tbe physician’s and nursing bills incurred as tbe result of an injury wbicb be claims was due to tbe negligent and •careless manner in wbicb other employees of tbe defendant performed their duties.

Read the full summary

Appeal from an order of tbe circuit court for Brown county: S. D. Hastings, Circuit Judge. Plaintiff brings this action for tbe recovery of tbe damages alleged to bave been suffered by reason of tbe loss of an eye and tbe physician’s and nursing bills incurred as tbe result of an injury wbicb be claims was due to tbe negligent and •careless manner in wbicb other employees of tbe defendant performed their duties. On July 2, 1907, plaintiff was engaged with other employees of tbe defendant in tbe construction of a wire fence along tbe defendant’s right of way. The company’s foreman bad directed…

1Opinion of the Court

Tbe following opinion was filed January 5, 1909:

Siebecker, J.

Plaintiff’s right to recover on tbe alleged cause of action is founded on tbe provisions of sec. 1816, Stats. (1898), as amended by ch. 254, Laws of 1907. There is no claim that tbe facts alleged in bis complaint constitute a cause of action against tbe defendant at common law or under sec. 1816, Stats. (1898), as it stood prior to its amendment by ch. 254, Laws of 1907. Tbe lower court sustained the complaint upon tbe ground that sec. 1816, Stats. (1898), *218in its amended form is valid. Tbe defendant avers that the amended statute…

2Cases cited38 opinions

  1. Holden v. HardySupreme Court of the United States · 1898
  2. The Employers'liability CasesSupreme Court of the United States · 1908
  3. Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
  4. Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
  5. Covington & Lexington Turnpike Road Co. v. SandfordSupreme Court of the United States · 1896

33 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Independent Cotton Oil Co. v. BeachamSupreme Court of Oklahoma · 1911
  2. State ex rel. Atwood v. JohnsonWisconsin Supreme Court · 1919
  3. Miller v. PriceSupreme Court of Oklahoma · 1934
  4. St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
  5. Thoe v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1923

43 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API