Dorsey v. Phillips & Colby Construction Co.
Wisconsin Supreme Court
■APPEAL from the Circuit Court for Portage County. On tbe 18th of December, 1873, plaintiff was in the employment of the defendant company as conductor of a freight train upon its road; and, in the course of such employment, while ascending by a side ladder to the top of a freight car in motion, was carried against a cattle chute, and received severe personal injuries; and he brought this action to recover for such injuries, alleging that the cattle chute was negligently,…
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■APPEAL from the Circuit Court for Portage County. On tbe 18th of December, 1873, plaintiff was in the employment of the defendant company as conductor of a freight train upon its road; and, in the course of such employment, while ascending by a side ladder to the top of a freight car in motion, was carried against a cattle chute, and received severe personal injuries; and he brought this action to recover for such injuries, alleging that the cattle chute was negligently, unskillfully and improperly constructed so near the defendant’s track as to endanger the persons and lives of defendant’s…
1Opinion of the Court
RyaN, O. J.
I. The nonsuit was properly denied. The case was one for the jury on all the points made.
First: of the appellant's negligence.— If a uniform custom *597of railroad companies to use structures unnecessarily dangerous to persons employed in operating trains, bad been pi’oved, we should hesitate gravely before holding that the custom could excuse the danger. A positive acquiescence, scienter, of one so employed, might indeed take away his right of action for inj ury incurred by such a structure. But there is public as well as private interest. The operation of railroad trains is…
2Cases cited2 opinions
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
- Achtenhagen v. City of WatertownWisconsin Supreme Court · 1864
3Cited by73 opinions
- Giraude v. Elec. Improvement Co. of San JoseCalifornia Supreme Court · 1895
- Blanton v. DolbSupreme Court of Missouri · 1891
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
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