Holum v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Oourt for Dame County. • This is an action for damages sustained by reason of the death of Neis B. Johnson while in tbe employ of tbe defendant as brakeman on its road between Portage and La Crosse, at Tomah, between 9 and 10 o’clock on the evening of April 6, 1889. The particular negligence alleged is that the defendant recklessly and carelessly neglected and omitted to keep the frogs in the track at that place blocked and guarded as required by law,…
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APPEAL from tbe Circuit Oourt for Dame County. • This is an action for damages sustained by reason of the death of Neis B. Johnson while in tbe employ of tbe defendant as brakeman on its road between Portage and La Crosse, at Tomah, between 9 and 10 o’clock on the evening of April 6, 1889. The particular negligence alleged is that the defendant recklessly and carelessly neglected and omitted to keep the frogs in the track at that place blocked and guarded as required by law, and as was its duty to do, whereby the foot of said Johnson became caught in the frog, and consequently the car…
1Opinion of the CourtCassoday, J.
As indicated in the opinion of the trial judge, contained in the foregoing statement, it appears from the undisputed evidence that the engine and cars were, at the time of the accident, under the control and management of the deceased as such brakeman. He gave the signals for the moving of them with his lantern. It also appears from the undisputed evidence that he gave the wrong signal, and failed to give the right signals, which would have made it safe for him to couple the cars; that about the same time his foot unfortunately got caught in the frog; that the result was that the car came…
2Cases cited5 opinions
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Quackenbush v. Wisconsin & Minnesota RailroadWisconsin Supreme Court · 1885
- Kirch v. DaviesWisconsin Supreme Court · 1882
- Anstedt v. BentleyWisconsin Supreme Court · 1884
3Cited by23 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Denver & R. G. R. Co. v. NorgateCourt of Appeals for the Eighth Circuit · 1905
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
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