Westgard v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Green county: George Grimm, Circuit Judge. Personal injury. This action was brought by the plaintiff to recover damages for the wrongful death of the deceased, Andrew Westgard, which death was claimed to be due to the negligence of the defendant. There is no dispute but that the rights of the parties are controlled by the federal Employers’ Liability Act.
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Appeal from an order of the circuit court for Green county: George Grimm, Circuit Judge. Personal injury. This action was brought by the plaintiff to recover damages for the wrongful death of the deceased, Andrew Westgard, which death was claimed to be due to the negligence of the defendant. There is no dispute but that the rights of the parties are controlled by the federal Employers’ Liability Act. The deceased, Andrew Westgard, was in the employ of the defendant as a section laborer, and among other duties he was called upon to perform was to assist in the icing of cars. On May 14, 1920,…
1Opinion of the CourtRosenberry, J.
The federal Employers’ Liability Act provides that there may be a recovery “for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.”
The first question of the special verdict was: “Was the slide furnished by the defendant for: conveying ice from the icehouse to the refrigerator car reasonably sufficient for that purpose ?”
The court instructed…
2Cases cited23 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Spokane & Inland Empire Railroad v. CampbellSupreme Court of the United States · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. McWhirterSupreme Court of the United States · 1913
- Chicago & Northwestern Railway Co. v. BowerSupreme Court of the United States · 1916
- Voelker v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1902
18 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Felder v. Union Pacific RailroadColorado Court of Appeals · 1983
- Smith v. Taylor-Button Co.Wisconsin Supreme Court · 1923
- Fitzpatrick v. RiceWisconsin Supreme Court · 1956
- Fitzpatrick v. RiceWisconsin Supreme Court · 1956