Nelson v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. The plaintiff was for several years a locomotive engineer in the service of the defendant company. Having been discharged from such service he brought this action to recover an unpaid balance alleged to be due him for wages, and claimed $185.75, and interest from March 3, 1881. The answer of the company admits the service, but denies the indebtedness.
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APPEAL from the Circuit Court for Hacine County. The plaintiff was for several years a locomotive engineer in the service of the defendant company. Having been discharged from such service he brought this action to recover an unpaid balance alleged to be due him for wages, and claimed $185.75, and interest from March 3, 1881. The answer of the company admits the service, but denies the indebtedness. It also contains a counterclaim for damages suffered by the company by the alleged negligence of the plaintiff to an amount exceeding the plaintiff’s demand. The damages claimed were the result of…
1Opinion of the CourtLyoN, J.
The gravamen of the defense is the alleged negligence of the plaintiff which caused the collision of the two trains. The question whether the failure of the plaintiff to discover that the new time-table put train No. 38 on the road on the night the collision happened, was negligence, was submitted to the jury and resolved in the negative. It is now claimed, on behalf of the railway company, that the plaintiff was bound to discover from the time-table that No. 38 would be on the road that night, and to wait for it at Hickory Grove, and hence that his failure to do so was negligence in law. If…
2Cases cited4 opinions
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Page v. WellsMichigan Supreme Court · 1877
- Kenworthy v. Town of IrontonWisconsin Supreme Court · 1877
3Cited by13 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Kaples v. OrthWisconsin Supreme Court · 1884
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
- Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1886
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