Schell v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Monroe county: J.'J. Eruit, Circuit Judge. Tbe plaintiff, as administrator of tbe estate of Samuel H. Smith, deceased, brings this action to recover the damages caused to his widow by the alleged wrongful acts of the defendant which are alleged to have caused decedent’s death.
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Appeal from a judgment of the circuit court for Monroe county: J.'J. Eruit, Circuit Judge. Tbe plaintiff, as administrator of tbe estate of Samuel H. Smith, deceased, brings this action to recover the damages caused to his widow by the alleged wrongful acts of the defendant which are alleged to have caused decedent’s death. The complaint alleges that decedent was a resident of this state, and on the 11th day of December, 1903, was in the employ of the defendant company as a watchman at the south entrance to a tunnel on defendant’s railroad in Monroe county, and charges that his death was…
1Opinion of the Court
Tbe following opinion was filed November 5, 1907:
Siebeckeb, J.
An examination of tbe evidence at once leads to tbe inquiry: How did the decedent come to bis death ? Appellant insists that tbe facts and circumstances adduced tend to show to a reasonable certainty that be was struck by tbe detached caboose as be was about to cross tbe track in tbe regular course of tbe performance of bis duties, while be was going from bis proper position for signaling the engineer on tbe south of the track, and some distance from tbe tunnel, to bis appointed station on tbe north of tbe track near tbe doors of…
2Cases cited3 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- Chybowski v. Bucyrus Co.Wisconsin Supreme Court · 1906
3Cited by6 opinions
- Bakalars v. Continental Casualty Co.Wisconsin Supreme Court · 1909
- Stock v. KernWisconsin Supreme Court · 1910
- Kaszubowski v. Johnson Service Co.Wisconsin Supreme Court · 1912
- Pinter v. WenzelWisconsin Supreme Court · 1920
- Sapienza v. Worden-Allen Co.Wisconsin Supreme Court · 1912
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