Carroll v. Chicago, Burlington & Northern Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Crawford county: Geo. Clementson, Circuit Judge. This was an action for personal injuries sustained by the plaintiff while presenting an order for a pay check in favor ■of one William. Malloy, a former employee of the defendant, •at the window of the pay office of the defendant at La ■Crosse, Wisconsin.
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Appeal from a judgment of the circuit court for Crawford county: Geo. Clementson, Circuit Judge. This was an action for personal injuries sustained by the plaintiff while presenting an order for a pay check in favor ■of one William. Malloy, a former employee of the defendant, •at the window of the pay office of the defendant at La ■Crosse, Wisconsin. The facts shown upon the trial were, in ■brief, as follows: On the 16th of April, 1895, the plaintiff went to the pay office to get the pay check of his son-in-law, Malloy, who had formerly worked for the defendant, but had quit previous to this…
1Opinion of the CourtWinslow, J.
The defendant’s contention is that there is no evidence in the case showing negligence, and that the accident was not one from the happening of which, alone, negligence can be inferred. The evidence shows beyond dispute that the plaintiff came rightfully to the window to present the order for Malloy’s pay, pursuant to an express invitation by the defendant’s employee Dolson, and in accordance with the custom established by the defendant, of paying off its employees through this open window. It certainly would be very natural for persons advancing to the window for such purpose to reach their…
2Cases cited1 opinion
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
3Cited by19 opinions
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
- Quass v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1919
- Klebe v. Parker Distilling Co.Supreme Court of Missouri · 1907
- Wyldes ex rel. McLaughlin v. PattersonNorth Dakota Supreme Court · 1915
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