Crane v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastíeos, Je., Circuit Judge. This was an action to recover damages for personal inju- • ries sustained by the plaintiff in consequence of the alleged negligence of the defendant, while in its employ as a locomotive firemaa on one of its freight trains.
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastíeos, Je., Circuit Judge. This was an action to recover damages for personal inju- • ries sustained by the plaintiff in consequence of the alleged negligence of the defendant, while in its employ as a locomotive firemaa on one of its freight trains. The negligence' charged was that while he was engaged under the engine, in cleaning out the ash pan, at Middle Inlet station, Hart, the engineer, without warning or caution, carelessly and negli•gently discharged, from the blow-off cock of the engine, hot water and steam upon…
1Opinion of the CourtPiNNEY, J.
1. The leading facts upon which the decision in this case must turn are substantially undisputed, although as to minor and subordinate facts there are some discrepancies in the evidence. It is shown beyond dispute that there was, and had been for a long time, a uniform and well-settled usage and course of conduct on the road of the defendant company in respect to the relative duties of the engineer and fireman when either went under the engine for any purpose connected with his duty, and that by such usage and course of conduct, founded upon considerations essential to their personal safety…
2Cases cited7 opinions
- Abend v. Terre Haute & Indianapolis RailroadIllinois Supreme Court · 1884
- Spencer v. Ohio & Mississippi Railway Co.Indiana Supreme Court · 1892
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1894
- Luebke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Lacroy v. . New York, Lake Erie and Western Railroad Co.New York Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- D. Cleghorn v. ThompsonSupreme Court of Kansas · 1901
- Ritterbusch v. SexmithWisconsin Supreme Court · 1950
- Jodoin v. Luckenbach S.S. Co., Inc.Oregon Supreme Court · 1928
- Schaufele v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1909
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
3 more not listed; retrieve them via the Exa API.