Stetler v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauh County. Tbe case is thus stated by Mr. Justice Tatloe: “Action to recover damages for injuries sustained by plaintiff whilst in the employ of the defendant. The injury occurred whilst the plaintiff as a fireman was assisting in running a train of cars on a short line of railroad [in the state of Illinois], extending from its main track to Crystal Lake, a distance •of about one mile.
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APPEAL from the Circuit Court for Sauh County. Tbe case is thus stated by Mr. Justice Tatloe: “Action to recover damages for injuries sustained by plaintiff whilst in the employ of the defendant. The injury occurred whilst the plaintiff as a fireman was assisting in running a train of cars on a short line of railroad [in the state of Illinois], extending from its main track to Crystal Lake, a distance •of about one mile. The evidence shows that this short track was built by private persons for the purpose of shipping ice over, the defendant’s road, and that the owners of the ice-houses at the…
1Opinion of the CourtTaylor, J.
The learned counsel for the appellant insists that the court below erred in holding that the defendant was liable to the plaintiff for an injury resulting from the insufficiency of the railroad track which it did not own, and was not bound to keep in repair; and seeondli/, that the court erred in refusing to instruct the jury, “ that if they found that negligence of the defendant’s employees caused the injury, or contributed to it, the defendant would not be liable,” and because, in reply to such request, the judge said he did not think there was any negligence on the part of anybody running…
2Cases cited1 opinion
- Railroad Co. v. BarronSupreme Court of the United States · 1867
3Cited by29 opinions
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
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