Legal Opinion

Baltzer v. Chicago, Madison & Northern Railroad

Wisconsin Supreme Court

Decided November 15, 1892PublishedCited by 4 opinions

APPEAL from the Circuit Court for Green County. The plaintiff sues to recover damages sustained in consequence of an injury received by him August 27, 1889, while in the employ of the defendant company as a brakeman on its freight train, whereby his left arm was crushed, rendering amputation near the shoulder necessary, caused by the alleged negligence of the defendant and of the engineer in charge of the locomotive.

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APPEAL from the Circuit Court for Green County. The plaintiff sues to recover damages sustained in consequence of an injury received by him August 27, 1889, while in the employ of the defendant company as a brakeman on its freight train, whereby his left arm was crushed, rendering amputation near the shoulder necessary, caused by the alleged negligence of the defendant and of the engineer in charge of the locomotive. The complaint charges that at the time the defendant’s engineer, operating the engine, carelessly and negligently ran it over a spur track at an unusual and fast rate of speed,…

1Opinion of the CourtPinney, J.

1. It is manifest that the evidence of the negligence of the engineer in running the engine on the spur track at an unsafe rate of speed, on the occasion when the plaintiff was riding on the pilot with a view to couple .the drawbar of the pilot to the flat cars, required the submission of the case to the jury. Whether the accident was caused, as the plaintiff testified, by the sudden reversal of the engine, whereby he was thrown forward and caught and his arm crushed, as he describes, or. whether he accidentally and without fault of the engineer lost his balance while holding the drawbar and…

2Cases cited2 opinions

  1. Lockwood v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
  2. Beery v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888

3Cited by4 opinions

  1. Hines v. SweeneyWyoming Supreme Court · 1921
  2. Wabash Railroad v. KeisterIndiana Supreme Court · 1903
  3. Baltzer v. Chicago, Madison & Northern RailroadWisconsin Supreme Court · 1895
  4. Crane v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896

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