Hartford v. Northern Pacific Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-kesha county: A. Scott Sloan, Circuit Judge. This action is for the recovery of damages for the alleged negligent killing of the deceased, Hugh Hartford, while he was engaged in defendant’s employ in its repair shops at Waukesha, Wisconsin.
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Appeal from a judgment of the circuit court for Wau-kesha county: A. Scott Sloan, Circuit Judge. This action is for the recovery of damages for the alleged negligent killing of the deceased, Hugh Hartford, while he was engaged in defendant’s employ in its repair shops at Waukesha, Wisconsin. The facts upon which it is claimed defendant is liable are as follows: At the time of the occurrence the deceased was, and had been for some time -prior thereto, a machinist employed in the repair shops. Charles W. Tait was the foreman of the ■shops, whose duty it was to' oversee the men and see that…
1Opinion of the CourtMaRshall, J.
Under the most favorable view that can be taken of this case, respondent is not entitled to recover unless the foreman of the repair shops, Mr. Tait, who, it is claimed, applied the steam, was a superintendent within the meaning of ch. 488, Laws of 1889 (S. & B. Ann. Stats, sec. 1816a). As stated, in effect, by counsel for respondent in their printed argument, the action was brought on the theory that Tait was such a superintendent; that he was negligent;, and that such negligence was the proximate cause of the injury which resulted in the death of the deceased. On that theory the cause was…
2Cases cited9 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Harrington v. SmithWisconsin Supreme Court · 1871
- Town of Ryegate v. Town of WardsboroSupreme Court of Vermont · 1858
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- Dwyer v. American Express Co.Wisconsin Supreme Court · 1892
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