Cowan v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dunn County. The action is to recover damages for the alleged negligence of defendant company, resulting in the death of Thomas Hesting, the plaintiff’s intestate. The defendant owns and operates a railroad extending from Red Cedar Junction, northerly, through Menomonie, to Cedar Falls, Wis. Rear Menomonie a spur track leaves the main line on its west side, and runs up quite an ascent to a brick yard.
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APPEAL from the Circuit Court for Dunn County. The action is to recover damages for the alleged negligence of defendant company, resulting in the death of Thomas Hesting, the plaintiff’s intestate. The defendant owns and operates a railroad extending from Red Cedar Junction, northerly, through Menomonie, to Cedar Falls, Wis. Rear Menomonie a spur track leaves the main line on its west side, and runs up quite an ascent to a brick yard. The course of this spur track is circular, and it is one mile and a half in length. Cars are discharged from it to the main line towards the north. On October…
1Opinion of the CourtLyon, J.
1. The main proposition urged by counsel for a reversal of the judgment is that the testimony does not support the verdict.
ISTo doubt the breaking of the brake-rod under the runaway car was a direct cause of the death of Hesting. Neither is there any doubt that the rod broke because of a serious defect in it. It is not claimed that the railway company had actual notice of such defect before the rod broke. It is claimed, however, that a proper inspection of the car would have disclosed the defect. If this is true, negligence must be imputed to the company for failing to discover and remedy the…
2Cases cited6 opinions
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Stetler v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1879
- Stetler v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Deserant v. Cerillos Coal RailroadSupreme Court of the United States · 1900
- Budge v. Morgan's Louisiana & Texas Railroad & Steamship Co.Supreme Court of Louisiana · 1902
- Grant v. Keystone Lumber Co.Wisconsin Supreme Court · 1903
- Herring v. E. I. Du Pont de Nemours Powder Co.Wisconsin Supreme Court · 1909
- Cudahy Packing Co. v. AnthesCourt of Appeals for the Eighth Circuit · 1902