Muster v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant company. The plaintiff and one Roth were at work for the defendant, putting a cornice on its .depot building at Tunnel City, or Greenfield, on its line of railway between Milwaukee and La Crosse.
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APPEAL from the Circuit Court for Jefferson County. Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant company. The plaintiff and one Roth were at work for the defendant, putting a cornice on its .depot building at Tunnel City, or Greenfield, on its line of railway between Milwaukee and La Crosse. A scaffold had been erected on the south side of the depot — towards the main track — upon which they stood when at work on the cornice. It was agreed on the. trial that the scaffold was substantially and safely built. On December 2, 1882,…
1Opinion of the CourtEton, J.
I. The learned counsel for the plaintiff maintained, in his argument, that there is no positive proof that the object thrown from the ear was a mail-bag, or that it was thrown from the mail car, or that it was not thrown by one of the employees of the defendant company. Erom these premises he argued that the case is Avithin the rule of Kirst v. M., L. S. & W. R’y Co. 46 Wis. 489, and Cummings v. Nat. Furnace Co. 60 Wis. 603. That rule is thus stated by ERle, O. J., in Scott v. London & St. K. Docks Co. 3 Hurl. & C. 596: “ There must be reasonable evidence of negligence; but Avhere the thing…
2Cases cited2 opinions
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Kirst v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1879
3Cited by15 opinions
- Poling v. Ohio River R.West Virginia Supreme Court · 1893
- Stimson v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1890
- Hinton v. Cream City RailroadWisconsin Supreme Court · 1886
- Intermountain Building & Loan Ass'n v. GallegosCourt of Appeals for the Ninth Circuit · 1935
- Mangum v. North Carolina RailroadSupreme Court of North Carolina · 1907
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