Kelly v. Abbot
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond dnLae County. This was an action to recover damages on account of the death of plaintiff’s intestate, and was brought against the Wisconsin Central Railroad Company, and John Stewart and Fdwin U. Abbot, trustees. The allegations of the complaint will sufficiently appear from the opinion. The. defendant Abbot separately interposed a general demurrer, and from an order sustaining that demurrer the plaintiff appealed.
1Opinion of the CourtObtoN, J.
This is an appeal from the order sustaining a general demurrer to the complaint, on the ground that it does not state a cause of action. The following facts are stated in the complaint: The intestate was, and had been for a long time, a brakeman on one of the freight trains of said company, which ran between Fond du Lac and Me-nasha, and it was his duty to couple freight cars to the caboose. On the day the intestate lost his life, the train *308was run out on a side track at Eond du Lac for tie purpose of coupling a freight car which belonged to the Chicago, Milwaukee & St. Paul Railway Company…
2Cases cited8 opinions
- Michigan Central R. R. Co. v. SmithsonMichigan Supreme Court · 1881
- Indianapolis Bloomington & Western R. R. v. FlaniganIllinois Supreme Court · 1875
- Smith v. PotterMichigan Supreme Court · 1881
- Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Hathaway v. Michigan Central R. R.Michigan Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hughes v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1897
- Mississippi River Logging Co. v. SchneiderCourt of Appeals for the Seventh Circuit · 1896
- Goltz v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1890
- Wabash Railroad v. FarrellAppellate Court of Illinois · 1898
- Pennsylvania Co. v. EbaughIndiana Supreme Court · 1896
7 more not listed; retrieve them via the Exa API.