Calhoun v. Great Northern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: Chestee A. Eowlee, Judge. This action was brought by the plaintiff as administratrix of the estate of James N. Calhoun, her son, who was killed while in the employ of the defendant. The defendant was engaged in the business of interstate transportation and the deceased was in its employ as switchman in its yards at Superior, Wisconsin.
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Appeal from a judgment of the circuit court for Douglas county: Chestee A. Eowlee, Judge. This action was brought by the plaintiff as administratrix of the estate of James N. Calhoun, her son, who was killed while in the employ of the defendant. The defendant was engaged in the business of interstate transportation and the deceased was in its employ as switchman in its yards at Superior, Wisconsin. The negligence alleged is in substance defective coupling appliances, unusual and extraordinary jerking or jarring of the car upon which the deceased was riding, and defective running board upon…
1Opinion of the CourtKebwiN, J.
1. The serious question in this case is whether there is sufficient evidence to support the verdict. The jury found that the end of one of the boards of the running board projected above the adjacent board to such an extent as to constitute a defect or insufficiency in the car; that deceased stumbled over the proj ecting board end and as a result of such stumbling fell from the car; that defendant was negligent in allowing the defect to be in existence at the time of the injury.
The deceased was in the employ of defendant as a switch-man in its yards and at the time of injury was riding on top…
2Cases cited8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Grand Trunk Western Railway Co. v. LindsaySupreme Court of the United States · 1914
- Delk v. St. Louis & San Francisco RailroadSupreme Court of the United States · 1911
- Kansas City Southern Railway Co. v. LeslieSupreme Court of the United States · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sullivan v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.Wisconsin Supreme Court · 1918
- Reul v. Wisconsin Northwestern Railway Co.Wisconsin Supreme Court · 1917
- Slater v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1920
- Westgard v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1922
- New v. SaundersSupreme Court of Oklahoma · 1922
1 more not listed; retrieve them via the Exa API.