Ives v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Chippewa county: A. J. Vinje, Circuit Judge. Action by plaintiff to recover for tlie death, of her husband, caused by alleged negligence of the defendant. Decedent was a section band employed by defendant and bad bad several months’ experience in that employment.
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Appeal from a judgment of the circuit court for Chippewa county: A. J. Vinje, Circuit Judge. Action by plaintiff to recover for tlie death, of her husband, caused by alleged negligence of the defendant. Decedent was a section band employed by defendant and bad bad several months’ experience in that employment. About 7 o’clock in the morning be, together with another section band and the section boss, and at the direction of the latter, started in a dense fog eastward from Stanley to go to their work at the next station, riding on a railroad velocipede. They beard a passenger train come into…
1Opinion of the CourtDodge, J.
The case of Hinz v. Chicago, B. & N. R. Co. 93 Wis. 16, 66 N. W. 718, adopting the views expressed in Pennsylvania R. Co. v. Wachter, 60 Md. 395, declares the rule that sectionmen upon railroads assume the risk of trains of all sorts, regular or “wild,” running over the tracks at all times and at such rates of speed as are attainable, and that, too, without notice or any warning except such as results incidentally from the ordinary noises of the train, including, of course, such bell and whistle signals as are customary. Plaintiff’s decedent met his death from such a risk. Non-liability is…
2Cases cited10 opinions
- Pennsylvania Railroad v. WachterCourt of Appeals of Maryland · 1883
- Hanlon v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
- Abbot v. McCaddenWisconsin Supreme Court · 1892
- Kreider v. Wisconsin River Paper & Pulp Co.Wisconsin Supreme Court · 1901
- Long's Admr. v. Illinois Central R. R.Court of Appeals of Kentucky · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
- Land v. St. Louis & San Francisco RailroadSupreme Court of Kansas · 1915
- Anderson v. Horlick's Malted Milk Co.Wisconsin Supreme Court · 1909
- McKneely v. Brotherhood of American YeomenWisconsin Supreme Court · 1915
- Rickert v. Union Pacific RailroadNebraska Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.