Feldschneider v. Chicago, Milwakuee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Jefferson county: B. E. DuNwiddie, Circuit Judge. Tbe plaintiff was injured on tbe nigbt of May 6, 1902, while riding upon one of tbe defendant’s freight trains, and brings this action to recover damages for such injuries.
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Appeal from a judgment of tbe circuit court for Jefferson county: B. E. DuNwiddie, Circuit Judge. Tbe plaintiff was injured on tbe nigbt of May 6, 1902, while riding upon one of tbe defendant’s freight trains, and brings this action to recover damages for such injuries. Tbe evidence upon tbe trial showed that tbe plaintiff was tbe owner and in charge of a car of live-stock which was being transported from Watertown, Wisconsin, to Chicago, under a written contract which gave him the right to travel upon said train; that the train left Watertown on the evening of May 6th, and proceeded without…
1Opinion of the Court
The following opinion was filed June 10, 1904:
Winslow, J.
The verdict of the jury eliminated from the-case the claim of negligence in failing to discover the condition of the defective coupling, thus leaving the failure to discover the fact that the train had parted as the only ground of negligence upon which the judgment can rest, and the appellant’s main contention is that this latter ground of negligence-is unsupported by the evidence.
There is little dispute in the evidence bearing on this question. The train in question was composed of forty-seven freight cars besides the engine and tender…
2Cases cited5 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
- Meyer v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
- Ullman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
3Cited by14 opinions
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- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Woodbury v. Tampa Water Works Co.Supreme Court of Florida · 1909
- Olwell v. SkobisWisconsin Supreme Court · 1905
- Monaghan v. Northwestern Fuel Co.Wisconsin Supreme Court · 1909
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