McQuade v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. The following statement of the case was prepared by Mr. Justice Tayloe as apart of the opinion: This is an appeal from an order of the circuit court requiring the defendant to make his special answer more definite and certain. The complaint sets out a cause of action against the defendant to recover damages for an injury to the plaintiff, which it is alleged was received by the negligence of the railroad company.
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APPEAL from the Circuit Court for Saule County. The following statement of the case was prepared by Mr. Justice Tayloe as apart of the opinion: This is an appeal from an order of the circuit court requiring the defendant to make his special answer more definite and certain. The complaint sets out a cause of action against the defendant to recover damages for an injury to the plaintiff, which it is alleged was received by the negligence of the railroad company. The complaint, after alleging facts showing that the company had negligently permitted an engine to be used in their business which…
1Opinion of the CourtTaylob, J.
It has been held by this court that although the contributory negligence of the plaintiff is an affirmative defense to be made out by the defendant on the trial, such defense is admissible under a general denial, and that this is especially true when the complaint alleges that the injury happened to the plaintiff without any negligence or fault on his part. Jones v. S. & F. du L. R. Co. 42 Wis. 306, 310; Cunningham v. Lyness, 22 Wis. 245, 250; Potter v. C. & N. W. R. Co. 20 Wis. 533. Under these authorities, the answer, setting out affirmatively that the plaintiff’s negligence was the cause…
2Cases cited5 opinions
- Cunningham v. LynessWisconsin Supreme Court · 1867
- Young v. LynchWisconsin Supreme Court · 1886
- Jones v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1877
- Potter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1866
- Brachman v. KuehnmuenchWisconsin Supreme Court · 1885
3Cited by3 opinions
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- Andrews v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897
- Harper v. HolcombWisconsin Supreme Court · 1911