Leasum v. Green Bay & Western Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Trem-pealeau county: J. J. Ebuit, Circuit Judge. This action was brought to recover damages for injury to person and to property. Only so much of the controversy as relates to injury to the person is involved on this appeal. The plaintiff loaded a car containing household goods, a cow, and some chickens, at Whitehall, Wisconsin, for shipment to Keokuk, Iowa.
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Appeal from a judgment of the circuit court for Trem-pealeau county: J. J. Ebuit, Circuit Judge. This action was brought to recover damages for injury to person and to property. Only so much of the controversy as relates to injury to the person is involved on this appeal. The plaintiff loaded a car containing household goods, a cow, and some chickens, at Whitehall, Wisconsin, for shipment to Keokuk, Iowa. The car was loaded about Y :30 o’clock on the morning of September 2, 1905, and was to be carried by a west-bound accommodation train to which a passenger coach was attached for the carriage…
1Opinion of the CourtBarnes, J.
It is a general rule that a person desiring to become a passenger on a railway train must enter one of the coaches or cars set apart for passengers, and, if without the knowledge of the agents of the railway company he seeks to ride on some other portion of the train and is injured, he cannot recover damages on account of the mere negligence of the carrier. 4 Elliott, Railroads (2d ed.) § 1578, and cases cited; 2 Hutchinson, Carriers, § 999, and cases cited; Jenkins v. C., M. & St. P. R. Co. 41 Wis. 112.
Where the agent of a railway company malees a contract *596with the shipper of live stock by…
2Cases cited7 opinions
- Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Lawson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1885
- Chicago & Alton Railroad v. WintersIllinois Supreme Court · 1898
- Waterman v. Chicago & Alton RailroadWisconsin Supreme Court · 1892
- Feldschneider v. Chicago, Milwakuee & St. Paul Railway Co.Wisconsin Supreme Court · 1904
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3Cited by3 opinions
- Jepsen v. Gallatin Valley Ry. Co.Montana Supreme Court · 1921
- Kunza v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1909
- Kunza v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1909