Berg v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The action was brought under chapter 173, Laws of 1875, to recover damages for personal injuries received by the plaintiff, caused by the alleged negligence of a certain employee of the defendant railway company. No question is raised on the pleadings.
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APPEAL from the County Court of Milwaukee County. The action was brought under chapter 173, Laws of 1875, to recover damages for personal injuries received by the plaintiff, caused by the alleged negligence of a certain employee of the defendant railway company. No question is raised on the pleadings. It appears from the evidence given on the trial, that, at the time he was injured, the plaintiff was at work for the defendant as a trackman, and had been in such employment for about two years. On the morning of December 21, 1878, he was engaged with others, under the direction of the proper…
1Opinion of the CourtLyoN, J.
The determination of three questions will dispose of all the errors alleged as grounds for a reversal of the judgment.
1. Did the circuit court err in refusing to submit to the jury the questions, or either of them, proposed on behalf of the defendant? The substance of the first of these questions, “Was the brake on this car set at the time of the accident? ” was submitted to the jury as question numbered 8, and was answered in the negative. The second question, “Was it plaintiff’s duty, according to the custom of the railroad yard, to look out for himself while working on the brake? ” was…
2Cases cited7 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Ralph v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Ward v. BusackWisconsin Supreme Court · 1879
- Duffy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
- Pennoyer v. AllenWisconsin Supreme Court · 1883
- Ferguson v. Wisconsin Central RailroadWisconsin Supreme Court · 1884
- Gammon v. AbramsWisconsin Supreme Court · 1881
19 more not listed; retrieve them via the Exa API.