O'Connor v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: IIeNet Geaass, Circuit Judge. This action was brought by plaintiff to recover damages on account of tbe death of her husband, Frank J. O’Connor, who was killed in an accident while in the employ of the defendant on the 26th day of July, 1913. At the time of the accident the defendant was engaged in interstate commerce.
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Appeal from a judgment of tbe circuit court for Brown county: IIeNet Geaass, Circuit Judge. This action was brought by plaintiff to recover damages on account of tbe death of her husband, Frank J. O’Connor, who was killed in an accident while in the employ of the defendant on the 26th day of July, 1913. At the time of the accident the defendant was engaged in interstate commerce. The plaintiff in her complaint claimed the right to recover $40,000 damages which she sustained on account of the death of her husband through the negligence of the defendant. The defendant denied all liability and…
1Opinion of the CourtKeRWIN, J.
It is contended by counsel for appellant that tbe court below should have directed a verdict for defendant upon tbe following grounds: (a) because no negligence on tbe part of tbe defendant wbicb proximately contributed to tbe injury was shown; (b) because tbe deceased was guilty of negligence wbicb was tbe proximate cause of bis death; and (e) because deceased assumed tbe risk wbicb caused bis death.
Deceased was killed in a wreck caused by a pine tree which stood on tbe west edge of tbe right of way falling across tbe defendant’s railroad track at Cataline, about two and one-half miles south…
2Cases cited14 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
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3Cited by5 opinions
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1920
- Blessing v. Camas Prairie Railroad Co.Washington Supreme Court · 1940
- Texas & P. Ry. Co. v. HughesCourt of Appeals of Texas · 1917
- Blessing v. Camas Prairie Railroad Co.Washington Supreme Court · 1940
- Christensen v. City of Sturgeon BayWisconsin Supreme Court · 1928