Ballou v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action for injuries to plaintiff’s intestate, causing his death. The case is thus stated by Mr. Justice Ca'ssoday:' “At the time of his death, the intestate was employed as brakeman on a regular freight train of the defendant, run between Oshkosh and Fort Howard, under the condüctorship of one Sykes, and had been in such employ for 'three|^ears.
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APPEAL from the Circuit Court for Winnebago County. Action for injuries to plaintiff’s intestate, causing his death. The case is thus stated by Mr. Justice Ca'ssoday:' “At the time of his death, the intestate was employed as brakeman on a regular freight train of the defendant, run between Oshkosh and Fort Howard, under the condüctorship of one Sykes, and had been in such employ for 'three|^ears. On the day previous to his death, freight car No. 57, belonging to the Green Bay & Minnesota Railroad Company, was taken by the train upon which the deceased was employed, from that company at Fort…
1Opinion of the CourtCassoday, J.
The gist of the complaint is, that the intestate came to his death by the wrongful act, negligence and default of the defendant, and without any fault, carelessness or negligence on his part. The cause of action accrued prior to the repeal of section 1816, R,. S., and was expressly saved by the repealing act (chapter 232, Laws of 1880), and hence must be governed by that section. The intestate was, at the time he was killed, a servant of the defendant, and the only question to-be determined is, whether his death was caused by reason of the negligence of any other agent or servant of the defend*261…
2Cases cited30 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
25 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Gottlieb v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Louisville, New Albany & Chicago Railway Co. v. BatesIndiana Supreme Court · 1896
- East Tennessee & Western North Carolina Railroad v. LindamoodTennessee Supreme Court · 1903
- Matchett v. Cincinnati, Wabash & Michigan Railway Co.Indiana Supreme Court · 1892
24 more not listed; retrieve them via the Exa API.