Gumz v. Chicago, St. Paul & Minneapolis Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. The case is thus stated by Mr. Justice Cassoday: “This is an action under the statute to recover damages for the alleged negligent killing of the plaintiff’s intestate.
Read the full summary
APPEAL from the Circuit Court for Juneau County. The case is thus stated by Mr. Justice Cassoday: “This is an action under the statute to recover damages for the alleged negligent killing of the plaintiff’s intestate. About 11 o’clock in the forenoon of April 2i, 1879, the section foreman of that portion of the defendant’s road between Elroy and Camp’Douglas, and six men, including the intestate, all in the employ of the defendant, having just completed some repairs just south or east of trestle No. 3, about three miles north of Elroy, proceeded upon their hand-car across that trestle,…
1Opinion of the CourtCassoday, J.
By section 1816, R. S., every railroad corporation is made liable for all damages sustained by any agent or servant thereof by reason of the negligence of any other agent or servant thereof, without contributory negligence on his part, when sustained within this state. In case the injury causes death, such right of action is preserved, by sections 4255-6, R. S., to the personal representative of such deceased person. There is no claim here of any negligence on the part of any one connected with the running of the train. There is no claim of any negligence by reason of the section foreman…
2Cases cited2 opinions
- Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Strahlendorf v. RosenthalWisconsin Supreme Court · 1872
3Cited by15 opinions
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Hoth v. PetersWisconsin Supreme Court · 1882
- Hainlin v. BudgeSupreme Court of Florida · 1908
- Smith v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1889
- Peabody v. Northern Pacific Railway Co.Montana Supreme Court · 1927
10 more not listed; retrieve them via the Exa API.