Yerkes v. Northern Pacific Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: John K. Parish, Circuit Judge. Plaintiff, an experienced railroad man, was employed by the defendant as a night yard foreman, at a salary of $80 per month; his duty being, by use of a certain switch engine and its crew and a helper, to make up trains and move cars about in the yard of the defendant at Mandan, South Dakota.
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Appeal from a judgment of the circuit court for Bayfield county: John K. Parish, Circuit Judge. Plaintiff, an experienced railroad man, was employed by the defendant as a night yard foreman, at a salary of $80 per month; his duty being, by use of a certain switch engine and its crew and a helper, to make up trains and move cars about in the yard of the defendant at Mandan, South Dakota. The switch engine, while so operated by him, met with an accident whereby the footboard at the back end of it, on which it was necessary for plaintiff and his assistant to ride in doing their work, was bent…
1Opinion of the CourtDodge, J.
Two of appellant’s contentions may well be considered together. The first is that there was no sufficient evidence of any protest or objection by the plaintiff against continuing to work with the defective locomotive to carry the question to the jury, and therefore a verdict should have been directed in defendant’s favor. The other contention is that the instruction given to the jury on this subject was erroneous. The conditions under which an employee may knowingly continue to work with a defective and dangerous appliance, in reliance upon a promise to repair, have been many times stated,…
2Cases cited14 opinions
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Stephenson v. DuncanWisconsin Supreme Court · 1889
- Curran v. A. H. Stange Co.Wisconsin Supreme Court · 1898
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
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3Cited by24 opinions
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- Hanlon v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
- Kamp v. Coxe Bros. & Co.Wisconsin Supreme Court · 1904
- Coolidge v. HallauerWisconsin Supreme Court · 1905
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