Andrews v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa ■county: Geo. Clementson, Circuit Judge. This action was brought under ch. 220, Laws of 1893, by. the plaintiff, an employee of the defendant as a helper in the day switching crew of the defendant company, -in its yard at Madison, Wisconsin, to recover damages for an injury sustained by him, while in the line of his duty, in consequence of the alleged negligence of the foreman of said crew, one Boach, by reason of which…
Read the full summary
Appeal from a judgment of the circuit court for Iowa ■county: Geo. Clementson, Circuit Judge. This action was brought under ch. 220, Laws of 1893, by. the plaintiff, an employee of the defendant as a helper in the day switching crew of the defendant company, -in its yard at Madison, Wisconsin, to recover damages for an injury sustained by him, while in the line of his duty, in consequence of the alleged negligence of the foreman of said crew, one Boach, by reason of which the plaintiff’s left hand was crushed, and it became necessary to amputate his arm above the wrist. The. complaint…
1Opinion of the CourtPiNNEY, J.
1. The question presented by the special verdict is whether it is.fairly and substantially found by it that the negligence of Eoach, the foreman of the switching crew, imputable to the defendant, was the proximate cause of the plaintiff’s injury. Unless this appears from the verdict, no judgment could be given on it, and a new trial would become necessary. This was so held in Davis v. C., M. & St. P. R. Co. 93 Wis. 482, in accordance with many previous *356decisions, some of which were there cited. Kerkhof v. Atlas Paper Co. 68 Wis. 674; Kreuziger v. C. & N. W. R. Co. 73 Wis. 158; McGowan v. C. &…
2Cases cited16 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Benson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1899
21 more not listed; retrieve them via the Exa API.