Hardt v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson •county: B. E. DuNwiddie, Circuit Judge. Action for personal injuries. Plaintiff was a section hand of mature age and experience. On November 27, 1903, the section crew, consisting of foreman with plaintiff and one Davies, proceeded on handcar eastward to within about eighty feet of Rock river bridge, and stopped on a high embankment and were commanded by the foreman to take off the car.
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Appeal from a judgment of the circuit court for Jefferson •county: B. E. DuNwiddie, Circuit Judge. Action for personal injuries. Plaintiff was a section hand of mature age and experience. On November 27, 1903, the section crew, consisting of foreman with plaintiff and one Davies, proceeded on handcar eastward to within about eighty feet of Rock river bridge, and stopped on a high embankment and were commanded by the foreman to take off the car. Accordingly, and in accordance with custom, plaintiff and Davies took hold of the front end, lifted the wheels off the track and swung the car around…
1Opinion of the CourtDodge, J.
1. The first assignment of error is predicated upon alleged'insufficiency of the notice of injury served upon the defendant within one year after the event. That notice, addressed to the defendant, declared that plaintiff demanded satisfaction from the defendant for injuries received by him at the place described, in the performance of his duties as an employee, and that he was injured by a handcar rolling upon *517and over him down the embankment. The defect, and the •only defect, urged by appellant’s brief in this notice is that it fails to state, in terms, that the plaintiff, claimed that the…
2Cases cited33 opinions
- Chicago, Kansas & Western Railroad v. PontiusSupreme Court of the United States · 1895
- Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
- Cupps v. StateWisconsin Supreme Court · 1904
- Frandsen v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1873
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
28 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1910
- Sparks v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
- Leque v. Madison Gas & Electric Co.Wisconsin Supreme Court · 1907
- Nordean v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.